LAWS(CA)-2013-10-7

MOHD. SHAREEF Vs. UNION OF INDIA

Decided On October 04, 2013
Mohd. Shareef Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) THE present O.A. is preferred by the applicant under Section 19 of the AT Act, 1985 with the following reliefs: -

(2.) THE brief facts the case are that the applicant is the son of the deceased employee and the applicant's father was in respondents organization died on 17.5.1989. After some time the applicant moved a representation in 1990 for grant of compassionate appointment. Since the applicant was not major at that point of time as such, after attaining the majority, the applicant moved another application for grant of compassionate appointment. When the said application was not considered and decided, the applicant again made an application on 12.7.1993 and finally by means of an order dated 7.7.1994 the case of the applicant was considered and rejected by the authorities which was subsequently reiterated on 1.12.1994. The learned Counsel appearing on behalf of the applicant, also pointed out that the orders subsequently challenged by the applicant shows that the case of the applicant was not considered in accordance with rules, as such, the case of the applicant is liable to be considered again.

(3.) IT is also pointed out by the respondents through their reply that as per the decision of the Hon'ble Apex Court, the applicant cannot claim appointment as a matter of right. Apart from this, it is also submitted by the learned Counsel for the respondents that the deceased employ died in 1989 and when his family can survive for such a longtime, there is no requirement for grant of compassionate.