KANCHHEDI LAL GHASITA Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this writ petition, order of Central Administrative Tribunal, Bench Jabalpur (CAT), dated September 7, 2000 passed in O. A. No. 716 of 2000 has been assailed. By this decision, claim of petitioner for appointment of his son on compassionate ground has been rejected on the ground that it is delayed and the family has survived all these years.

(2.) PETITIONER-KANCHHEDILAL Ghasita was working on the post of 1st Fireman in Loco Running Department, Central Railway, Jabalpur. He retired from Railway service with effect from June 20, 1988 on being declared medically unfit, and was granted pension from July 1, 1988. Petitioner has wife and two sons. He applied for appointment of his second son on compassionate ground depending on Government Notification No. GI/dept of Personnel and Training, O. M. No. 14014/6/86-Estt. (1), dated June 30, 1987 providing for compassionate appointment of son/daughter of deceased Government servant/government servant retired on medical grounds. This circular also provides lower age of 18 years. While petitioner Kanchhedilal Ghasita was medically boarded out, age of elder son was 13 years and that of younger son 10 years. Case of petitioner is that elder son Manoj Kumar is mentally underdeveloped since birth, therefore, he wants appointment of his second son Shankarlal on compassionate ground, vide application dated 5-2-1996, stating that it was difficult to maintain family with meagre pension.

(3.) CAT found that petitioner availed pension of Rs. 1028 plus Dear-ness Relief which stood revised on implementation of recommendations of Fifth Central Pay Commission. He has no unmarried daughters. After making application, he sent repeated representations which could not extend limitation as per decision of Apex Court in S. S. Rathore v. State of Madhya Pradesh (AIR 1990 SC 10 ). He approached the Tribunal on 18-8-2000, therefore, his claim was hopelessly barred by limitation.