UPPALA VENKAT Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) This is a pathetic case coupled with unbearable physical condition of an employee working in the South Central Railway, who was denied the benefit of Compassionate appointment scheme purporting to be on the basis of the Full Bench judgment of this Court reported in Government of Andhra Pradesh, General Administration Department, Hyderabad v. D. Gopaiah, 2001 (6) ALD 759 (FB) = 2001 (6) ALT 553 (F.B).

(2.) Before dealing with the principle laid down by the Full Bench, it is necessary to trace out the facts of the present case on hand. Petitioner is working as Senior Trolley Man in the South Central Railway. Unfortunately as ill luck would have it, he met with a ghastly accident while on duty on 5-3-1999 when he fell down from the Train No.7201-U.P. express. He was run over by the train on account of which his entire right leg and right hand were severed on the spot. Unfortunately God has saved him by not allowing the wheels to go by an inch over the body. That saved his life, but yet, he is only living in vegetable form for all practical purposes. In such a case, the question that arises for consideration is whether the law can protect such victims or law should strict to the legal principles.

(3.) After the accident, he was subjected to medical test and he was declared unfit for all classes of employment in the Railways and loss of earning capacity was assessed at 100%. Even from the photo produced before this Court, it is seen that except left leg and left hand with the body, the petitioner is only living today with unbearable imbalance and humiliation. Words cannot express his physical condition. In such pathetic circumstances, he made an application to the authorities to provide job to his wife on compassionate grounds. However, the authorities insisted that he should opt for voluntary retirement in which event, the administration will consider providing job to his wife Smt. Laxmi. On the said direction the petitioner filed OA No. 1710 of 2001 before the Central Administrative Tribunal, Hyderabad. The learned Tribunal, basing on the decision of the Full Bench of this Court in Gopaiah's case (supra), held that the appointment on compassionate grounds of decategorised staff was not permissible. Therefore, dismissed ' the application, against which the present writ petition has been filed.