ANIL KUMAR Vs. U.O.I. THRU. SECY.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Suryabhan Pandey, learned A.S.G. of India assisted by Sri Varun Pandey.

(2.) By means of the present writ petition, the petitioner has challenged the order dated 29.05.2018, passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow (in short "Tribunal") in Original Application (OA) No. 332/00242/2016 (Anil Kumar v. Union of India and others), the order dated 07.04.2016, passed by the opposite party No. 4, whereby the petitioner was intimated that his case for appointment on compassionate ground cannot be re-considered as his case was rejected on the ground that he is not covered under "indigency criteria" and the order dated 27.08.2008, whereby the case of the petitioner for appointment on compassionate ground was rejected on the ground that he does not fulfill the "indigency criteria".

(3.) The brief facts giving rise to this petition are that one Sunder Lal was an employee in the office of Principal Controller of Defence Accounts (Central Command), Lucknow and was working as safaikarmchari. He died in harness on 03.03.2007 leaving behind his wife Prema, married son Sunil Kumar, married daughter Suman and unmarried son Anil Kumar, the present petitioner. On 27.02.2008, the mother of the petitioner made an application to the opposite party no. 3 (Principal Controller of Defence Accounts, Central Command, Karriappa Road, Lucknow) and requested for appointment of her son, the present petitioner, Anil Kumar, on any suitable post on compassionate ground. The opposite party no. 3 vide order dated 27.08.2008 rejected the claim of the petitioner on the ground that the case does not fall within "indigency criteria". Moreover no vacancy is available in the department to be filled under compassionate ground.