UNION OF INDIA Vs. SURAJ JAISWARA

JUDGEMENT

(1.) Appeal is directed against the order dated June 26, 2023 passed in WPA 11858 of 2023 by which, the learned Single Judge allowed the writ 8 th of July 2024 11:30:21 AM petition and directed the authorities to consider the application for grant of compassionate appointment in accordance with law.

(2.) Appellants are aggrieved by such order on the ground that, the Writ Court did not possess requisite jurisdiction to entertain the writ petition since, the deceased employee was an employee of Gun and Shell Factory which is a department under the Union of India. Consequently, in view of the Administrative Tribunals Act, 1985 the writ petition was not maintainable. The other grounds is that, in view of the scheme obtaining for grant of compassionate appointment, since the employee was retired on medical grounds after crossing age of 55 years the writ petitioner was not entitled any compassionate appointment.

(3.) Referring to the events occurring prior to the filing of the writ petition, learned advocate appearing for the appellants draws attention of the Court to the fact that, the application for compassionate appointment, assuming that, the letter dated March 4, 2022, could be considered as such an application, the same did not give rise to a claim for compassionate appointment as the employee retired on September 23, 2022 after attaining the age of 55 years on July 21, 2022.