UNION OF INDIA Vs. BITALI ROUT

JUDGEMENT

(1.) The petitioners call in question the legality and propriety of the order dated 16.5.2008 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as "the Tribunal") in Original Application No.875 of 2006, whereby and whereunder the application filed by the opposite parties seeking compassionate appointment has been allowed.

(2.) The only question which arises for our consideration is as to whether a direction for compassionate appointment can be given to any member of the family after lapse of 28 years of the death of the employee.

(3.) The husband of the opposite party no.1 and the father of the opposite party no.2 while working as CPC Gangman in the Railways died on 12.11.1978. After opposite party no.2 attained majority, opposite party no.1 made a representation to the petitioners on 5.12.1993 seeking employment on compassionate ground in favour of her son. Since the representation filed by her was not heeded to, they approached the Tribunal in O.A. No.353 of 2004. By order dated 16.6.2004, the learned Tribunal disposed of the said application directing the petitioners, who are respondents therein, to consider the grievance of the applicant and pass necessary order. Thereafter, the matter was considered by the petitioners and by order dated 26.10.2006, the request for providing employment on compassionate ground had been rejected on the ground that there was no representation prior to 2004 and that the application for compassionate appointment had been submitted beyond 20 years of the death of the ex-employee. Thereafter, the opposite parties laid another application being O.A No.875 of 2006 to quash the order of rejection dated 26.10.2006 with further prayer to provide employment to the opposite party no.2. The Tribunal by order dated 16.5.2008, vide Annexure-3, allowed the said application.