LAWS(ALL)-2025-10-131

ATUL KUMAR Vs. UNION OF INDIA

Decided On October 09, 2025
ATUL KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present intracourt appeal is directed against the order dtd. 1/8/2025 passed by learned Single Judge in Writ-A No. 10856 of 2025 whereby the order dtd. 19/4/2025 passed by the respondents rejecting the claim of the appellant/petitioner for compassionate appointment has been upheld.

(2.) Learned Single Judge has noted the specific finding recorded in the order impugned in the writ petition that the appellant's late father who had died in harness and on basis of which compassionate appointment was claimed, was getting 56,793.00 per month as salary whereas the net monthly notional income of the family from all sources, as declared by the family members, works out to 52,894.00. It has also been noted that the mother of appellant i.e., widow of the deceased/employee is getting family pension of 39,272/- as per pension slip of the month of February, 2025 and the family has received net terminal benefit of 27.33 lacs (inclusive of Death Relief Fund of 4,50,000/-). Thus, the finding recorded in the order impugned to the effect that the family of the deceased employee cannot be considered as living in penury or financial destitution to justify a compassionate appointment has been upheld.

(3.) Learned Single Judge has also made the following observations in para- graph-6 of the order: