SHRI ANILKUMAR JODHABHAI PATEL Vs. UNION OF INDIA THROUGH THE CHIEF POSTMASTER GENERAL AND THE SUPTD. OF POST OFFICES

JUDGEMENT

(1.) THIS OA has been filed by the applicant under Section 19 of the Administrative Tribunal Act, 1985 for quashing the order dated 18/21 -1 -2013 (Annexure -A/1) and order dated 13 -3 -2013 (Annexure -A/2) passed by the respondents and also seeking a direction for respondents to reconsider his case for compassionate appointment. Brief facts of the case are that the father of the applicant was working as GDS -BPM Rampur (Kasanpur) and was invalidated due to his sickness w.e.f. 15 -11 -2011. Applicant applied for compassionate appointment on the ground of invalidation of his father and the Inspector of Post offices, Godhra sent his case to the Superintendent of post offices, Godhra vide letter dated 17 -11 -2011 (Annexure -A/5) who forwarded his case to Postmaster General vide letter dated 23 -11 -2011 (Annexure -A/6), but the Chief Postmaster General, Ahmedabad rejected his case vide order dated 17 -11 -2011 (Annexure -A/1) and the representation filed by the applicant has also been rejected vide order dated 13 -3 -2013 (Annexure -A/2).

(2.) HEARD both the learned counsel and perused the record of this OA as well as the record of earlier OA/86/2010.

(3.) THE first and valid argument of learned counsel for the respondents is that the applicant cannot claim the benefit of the scheme of 1998 since the date of birth of his father is 02 -7 -1948 who was invalidated on 15 -11 -2011 at the age of 63 years after completing more than 38 years of service and as per scheme of 1998 the benefit of compassionate appointment to the dependant of Group C and Group D employees could be extended to those employees who were invalidated before the age of 55 years and 57 years respectively.