NITIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

(2.) Whether time spent on processing the application for medically boarding out by an employee is to be excluded while computing the age of medically boarding out as contemplated in the policy for appointment on compassionate grounds, is the question raised in the present petition.

(3.) The facts, in nutshell, stated that - the father of the petitioner was appointed with the respondents in the Ordinance Factory, Ambazari, Nagpur as a 'Group D' employee on the post of fitter Auto Electric (semi-skilled) (After Sixth Pay, upgraded to 'Group C'). Thereafter, he was promoted to the post of Chargeman (T) (Mech.) in 'Group C' (After Sixth Pay, upgraded to 'Group B'). The father of the petitioner was suffering from Cancer and several ailments, therefore, he applied for medically boarding out before the respondent's Medical Board. However, by way of an amendment in this petition, it has been incorporated in the memo of petition that vide application dtd. 27/11/2014 intimated that he was suffering from paralysis and had requested to be medically boarding out. Accordingly, his application was processed and was allowed to be medically boarding out on 29/12/2014 when he completed age of 55 years and 20 days. On 11/2/2015, the petitioner applied for appointment with the respondents on compassionate ground. As per policy of the respondents, the respondent no.3 vide its letter dtd. 31/12/2015 informed the petitioner that since, his father was medically boarded out after 55 years, therefore his application for appointment on compassionate ground cannot be considered. Thereafter, from time to time the petitioner made repeated correspondence with the respondents, but, of no use. Ultimately, on 21/9/2018, he filed Original Application No.2201 of 2018 before the Central Administrative Tribunal, Mumbai Bench, Circuit Bench at Nagpur (for short, 'Tribunal'), which came to be dismissed on 26/9/2019. Feeling aggrieved by the said impugned order passed by the Tribunal, the present writ petition came to be filed.