BHAGWATI PRASAD CHOURE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India, calling in question tenability of an order -dated 24.11.2008 passed by the Central Administrative Tribunal in the matter of rejecting petitioner's claim for grant of compassionate appointment.

(2.) PETITIONER Bhagwati Prasad Choure was working in the Railway Establishment as a 'gang -man'. It seems that he was sent for medical examination and on such medical examination the Chief Medical Superintendent, Bhopal found that petitioner is suffering from 'malingering' and is not fit to remain in service, and he was declared unfit for all classes of service. Accordingly his services came to an end. He sought compassionate appointment for his son and the same having been dismissed, the matter travelled to Central Administrative Tribunal and the Tribunal having also dismissed the claim, therefore, this writ petition.

(3.) THE only ground canvassed at the time of hearing was that as per the Railway Board's Circular dated 18.1.2000, when an employee is totally incapacitated and is not in a position to continue working on any post, he is allowed an option for retirement and in such cases, request for compassionate appointment is to be considered.