MAHABOOB BEE Vs. GENERAL MANAGER

JUDGEMENT

(1.) This writ petition is directed against a judgment dated 23-3-2001 passed by the Central Administrative Tribunal in O.A.No. 436 of 2001 whereby and where under the petitioner's application for appointment of Abdul Gaffoor on compassionate ground was dismissed.

(2.) The basic fact of the matter is not in dispute. Abdul Khader was an employee of the South Central Railway of Secunderabad Division. He expired on 5-1-1986 leaving behind his wife Safai Bee, two sons and two daughters; the children being minor. One Mahaboob Bee claimed herself to be the first wife, who in an application stated that she had no objection if the terminal benefits, as may be available, are extended to the second wife of late Abdul Khader and her children. A joint representation thereafter was made seeking job for the son of the second wife, who at the time of the death of his father was only 14 years old. The representation was rejected on 21-4-1988. Abdul Gaffoor thereafter having passed S.S.C., examination in the year 1990 started making representations for his appointment on compassionate grounds. Original Application before the learned Tribunal was filed in the year 2001. Having regard to the decision of the Apex Court in SANJAY KUMAR Vs. STATE OF BIHAR1 the learned Tribunal dismissed the application.

(3.) Mr. Sanyasi Rao, learned counsel appearing on behalf of the petitioner submits that having regard to the custom of the family there was no bar in marrying second time without obtaining any consent from the employer. In any event, contends the learned counsel, the very fact that compassionate appointment is to be made in terms of the circulars issued by the Central Government, the entire facts and circumstances should be considered with compunction and pity. Socio economic justice, the learned counsel would contend, must be allowed to prevail over the technicalities and delay, if any.