LAWS(CAL)-2013-3-125

RENUKA MONDAL Vs. UNION OF INDIA

Decided On March 01, 2013
Renuka Mondal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioners in this WPCT under Art. 226 of the Constitution of India dated February 8, 2008 are questioning an order of the Calcutta Bench of the Central Administrative Tribunal dated April 10, 2007 dismissing their OA No. 243 of 2006. The first petitioner's husband Kanailal Mondal was working in the Department of Posts, India as a member of the Group-D staff. He died in harness on December 5, 1996. The second petitioner, his son, applied for a Group-D employment on compassionate grounds. The authority found him eligible and put his name on the register. A person below him on the register was given a Group-D employment on compassionate grounds. But citing non-availability of a vacancy for Group D he was offered an employment to a GDS post.

(2.) The second petitioner's conditional acceptance of the offer was not accepted by the authority. Finally by a decision dated March 11, 2005 the authority informed the first petitioner that it was not possible to give the second petitioner an employment on compassionate grounds. Feeling aggrieved the petitioners filed the OA. The Tribunal while dismissing the OA said as follows:--

(3.) Over the course of hearing of the WPCT we wanted to know from Mr. Ghosh appearing for the respondents whether the respondents would still be in a position to consider the question of offering the second petitioner an employment on compassionate grounds to a GDS post. Mr. Ghosh prayed for accommodation so that he could obtain necessary instructions.