SAFI AKHTAR KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order dated 5th of October, 2001 by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 383 of 2000 dismissing the Original Application which was filed praying for a direction to the opposite parties to provide the petitioner compassionate appointment.

(2.) THE facts of the case are that the father of the petitioner was serving as a driver under the opposite parties who died in harness on 4.3.1997 leaving behind his widow/two sons, two married and two unmarried daughters. After the death of the father of the petitioner who was the sole bread earner putting the family members in distress, the mother of the petitioner submitted an application before opposite party No. 1 requesting him to appoint her son, the petitioner, who was having a valid Light Motor Vehicle Licence, as a driver" on compassionate ground. During the pendency of the aforesaid application, the mother of the petitioner also expired on 5.12.1997 after undergoing operation of brain tumor. Pursuant, to letter No. SCF:PGA:ESTT:IV -012203/975 dated 24.7.1998 of the Administrative Officer, the petitioner submitted the application in the prescribed format for employment on compassionate ground. But by letter dated 27th March, 2000 the opposite parties turned down the prayer of the petitioner for compassionate appointment. Thereafter, the petitioner approached the Tribunal for the reliefs as mentioned above. The plea of the opposite parties before the Tribunal was that out of the four daughters two were already married. Of the two minor daughters, -one is being paid family pension of Rs. 2954.00 per month which she will receive till 17.7.2001 or till her marriage whichever is earlier and after her marriage family pension would be paid to the other minor daughter till 9.3.2011 or till her marriage whichever is earlier. The further plea was that the petitioner is a settled business man with a well built residential home with facility of phone in Balasore. Besides the above, the family has been paid terminal benefits etc. In view of the above the opposite parties pleaded that the condition of the family is not such that but for provision of employment, the family would not be able to tide over the crisis arising due to the death of the bread earner. Taking into consideration all the aforesaid facts and considering the various decisions of the Apex Court the Tribunal dismissed the Original Application filed by the petitioner being devoid of merit. Hence this writ petition.