SUNIL KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Central Administrative Tribunal, Jabalpur Bench (CAT), dated March 13, 2001, Original Application No. 102/2001.

(2.) THE petitioner is seeking appointment on compassionate ground. He alleges that his father Suresh Kumar Rai was Senior Loco Inspector, Central Railways, Bhopal. In Bhopal Gas Tragedy 1984, his father was affected and suffered Hypertension and Diabities etc. Consequently, he was treated at Bombay and many other hospitals. Since he was not keeping good health, he requested for change of his post/cadre and providing alternative job, vide communication dated 9-2-1991. Consequently, his father sought voluntary retirement on the ground of ill-health from 31-3-1997. The petitioner preferred repeated representations for compassionate appointment. However, he was not appointed. Consequently, he filed Original Application No. 513/99, which was disposed of by order dated 7-10-1999 directing the petitioner to file representation and the respondents to dispose of the same within six weeks by speaking order. The respondents rejected the representation and the petitioner filed Original Application No. 102/2001.

(3.) THE respondents submitted that the petitioner's father had not been medically de-categorised. Rather he opted for voluntary retirement for personal reasons, therefore, his son could not be given compassionate appointment. The Original Application No. 863/1990 by the petitioner's father, sought declaration from the CAT that he was MIC Gas Victim, therefore, entitled to all benefits in the event of his death or being found medically unfit, was withdrawn on 13-5-1999. The CAT considered the matter and did not agree with the contentions raised by the petitioner, therefore, rejected the application by the impugned order.