NAGENDRA KUMAR Vs. UNION OF INDIA (THE SECRETARY TO THE GOVERNMENT OF INDIA), MINISTRY OF COMMUNICATION (DEPTT. OF POSTS), DAK BHAWAN, SANSAD MARG, NEW DELHI

JUDGEMENT

(1.) By way of this Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs: - (a) That order dt. 05.05.2005 (Annexure A -3) passed by the Sr. Suptd. of Post Offices, Mathura Division, Mathura, canceling candidature of compassionate appointment of applicant on illegitimate and non -tenable grounds casting repercussion on his Educational Certificate may kindly be ordered to be quashed and set -aside by the Honble Tribunal. (b) That the respondents may further be directed to provide compassionate appointment, to the applicant to Group D post for which he was approved by Chief Post Master General, U.P. Circle, Lucknow, vide its order No.Bharti -5/14/94/7 dated 12.09.1997 (Annexure A -2) (c) That as directed in para 6 and 7 of Honble Tribunal order dt. 28.09.2006 (Annexure A -4), the Chief Post Master General, U.P. Circle, Lucknow, may be redirected to institute proper inquiry on the lines directed in Honble Tribunals said order and thereafter, pass appropriate order in this case for appointment of applicant on compassionate grounds. That in the event authorities are in any manner held responsible for misleading the Honble Tribunal in regard to Educational Certificates of the applicant, appropriate disciplinary action be taken against them in fulfillment of directions of para -7 of said orders. The result of the same be also communicated/furnished for record of the Honble Tribunal. (d) That grave excesses committed by the Sr. Suptd. of Post Offices Mathur Dn., Mathura, in jeopardizing this case of compassionate appointment on raising false and fabricated reports of ingenuity of his Education Certificates as many times, by misusing his authority, be taken into notice by the Honble Court and very heavy costs to the extent of Rs.1,00,000/ - be imposed on the authority concerned/ responsible for causing long drawn suffering, mental agony and loss of livelihood to the meek applicant. (e) Allow any other and further relief as may kindly be deemed fit and proper in the circumstances of this case by the Honble Tribunal, in order to meet the ends of justice; (f) Award costs of this O.A. to the extent of Rs.30,000/ - in favour of the long drawn suffering applicant.

(2.) The applicants claim in this Application is for compassionate appointment. The case has an exchequered history.

(3.) The applicants father, who was working as Sorting Oversear in Head Post Office, Mathura, was invalidated on medical grounds in July, 1992 whereupon the applicant applied to the respondents for appointment on compassionate grounds under the Rules of the respondents. Vide his communication dated 12.9.1997 addressed to Chief Post Master General (CPMG), U.P. Circle, Lucknow, the CPMG with the approval of the Directorate General of Post, New Delhi approved the appointment of the applicant in Group D post allotting him to Mathura Division on compassionate ground in relaxation of Recruitment Rules subject to verification of applicants educational certificates etc. in the prescribed manner. A copy of this communication is at Annexure A/2. Thereafter upon due verification, the Office of the Senior Superintendent of Post, Mathura did not find educational certificates of the applicant as genuine. Accordingly, the applicants case was placed before relaxation Committee for re -consideration in the light of finding of the verification of educational certificates made by the office. The circle relaxation Committee did not approve the applicant for compassionate appointment and recommended cancellation of the offer made earlier to the applicant in the matter. This was challenged by the applicant in OA No.290/2006. The said OA was allowed vide order dated 28.9.2006 whereby the matter was remitted back to the CPMG to get proper inquiry made in the matter, whereupon appropriate orders would be passed by the CPMG under intimation to the applicant within the period of four months from the date of receipt of a copy of that order. The respondents made necessary inquiry in the matter and did not find the educational certificates of the applicant as genuine and thereupon after due process the approval of the compassionate appointment given to the applicants appointment vide CPMG, Lucknow letter dated 25.4.2005 was rescinded and the offer for compassionate appointment was cancelled vide letter dated 30.3.2007. After about three years, the applicant filed MA No.24/2010 in OA 290/2006 (supra) seeking directions to the respondents to appoint him on compassionate ground consequent upon the verification of the applicants educational certificates made by the authorities concerned, in support of his date of birth and educational qualification in compliance with the directions issued vide order dated 28.9.2006 in OA No.290/2006. The said MA was disposed of vide order dated 4.6.2010, a copy of which is at Annexure A/1, holding that the relief claimed by the applicant could not be granted by way of the MA. The said MA was accordingly disposed of with liberty to the applicant to come before the Tribunal in the Original Application. The applicant has then filed the present Application on 2.2.2011 praying the reliefs as stated above.