AWADHESH KUMAR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL LUCKNOW BENCH

JUDGEMENT

(1.) DEVI Prasad Singh. J,: - Writ petition under Article 226 of the Constitution of India has been preferred against the impugned judgment of Central Administrative Tribunal ( in short hereinafter refereed as Tribunal) whereby the Tribunal had dismissed the Original Application with regard to petitioner's claim for appointment on compassionate ground. The brief matrix of the case is summarized hereinafter.

(2.) THE petitioner's father late Shri Sahaj Ram was working on the post of Postmen in the Head Post Office, Barabanki died in harness on 16.8.2002 because of heart attack. According to petitioner's counsel petitioner belongs to scheduled caste category. Late Shri Sahaj Ram is survived by five family members. According to certificate dated 17.2.2003 issued by the office of District Magistrate Barabanki, a copy of which has been filed as Annexure-4 to the writ petition, the dependants of late Shri Sahaj Ram are as under:-

(3.) IT has been stated by the petitioner that all the dependants of late Shri Sahaj Ram are unemployed and they are having no source of livelihood except salary drawn during the course of employment with the Post Office. Petitioner had moved an application for compassionate appointment supported with no objection given by mother and brothers. The petitioner had passed High School and Intermediate from the U.P. Board. Application was moved on 4.10.2002, a copy of which has been filed as Annexure-12 to the writ petition. The competent authority had rejected the petitioner's application after lapse of one and a half years keeping in view the recommendation of the committee constituted for the purpose by an order dated 28.4.2004, a copy of which has been filed as Annexure-2 to the writ petition.