LINGARAJ DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the order passed by the learned Central Administrative Tribunal in O.A. No. 694 of 1995 whereby the petitioners prayer for directing the opposite party, Nos.2 and 4 to provide him a job under Rehabilitation Scheme in "Hot Weather Establishment" has been rejected.

(2.) THE petitioner has alleged that he was taken in adoption by one late Fakir Das, who was a Peon working under the establishment of opposite party Nos.2 and 4. It is alleged in the application that Fakir Das died in harness on 2.1.1979. His wife had predeceased him before adoption. The petitioner submitted an application before opposite party Nos.2 and 4 to be appointed under Dying in Harness Scheme. But it is stated by the opposite party Nos.2 and 4 that he could not be accommodated under that scheme. But however in subsequent years taking into consideration the vacancy position in Hot Weather establishment, he was accommodated for some time.

(3.) WHILE considering the case of the petitioner for giving him appointment under Rehabilitation Scheme, the Supreme Court in a recent judgment reported in AIR 1998 SC 2230 in the case of Director of Education (Secondary) and another v. Pushpendra Kumar and others held that : -