RAMA PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Central Administrative Tribunal, Calcutta Bench (hereafter the 'tribunal') dismissed O.A. 1016 of 2006 by a judgment and order dated 9th April, 2008, which is the subject matter of challenge in this writ petition.

(2.) The petitioners before this Court, who were the applicants before the Tribunal, are the widow and a son of late Thakur Charan Paul, a Central Government employee (hereafter the 'employee'). The employee breathed his last on 1st February, 1998.

(3.) The petitioner no. 1, immediately after the death of the employee, applied for appointment of the petitioner no. 2 on compassionate ground. Upon receipt of the application, the respondents initiated a process to obtain reports regarding movable/immovable property left behind by the employee as well as the financial condition of the family members of the employee. By the time the requisite reports were obtained, the process for filling up 5% of the total vacancies earmarked for appointment on compassionate ground for the recruitment year 1998 had been completed and, therefore, the case of the petitioner no. 2 could not be considered for that year i.e. 1998. However, the claim of the petitioner no. 2 was subsequently considered thrice, i.e. in 1999, 2001 and 2004. In none of the processes initiated for the aforesaid years, the petitioner no. 2 could qualify for appointment within the quota of 5%. By a communication dated 14th October, 2004, the petitioner no. 1 was informed that the petitioner no. 2 having failed to qualify for appointment on compassionate ground on three occasions, her 'case will not be kept under consideration during the next recruitment year and the same might be treated as closed'.