ALOK LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. S. N. Tamuli, learned counsel for the petitioner. Also heard Mr. S.C. Sarkar, learned Standing Counsel, Railways. By means of this writ petition, the petitioner has challenged the order dated 5.7.2010 passed by the Central Administrative Tribunal, Guwahati Branch (hereinafter referred to as the Tribunal) dismissing the application filed by the petitioner under Section 19 of the Administrative Tribunal Act, 1985. The said application was registered and numbered as OA No. 167/2010. The application was filed for a direction to the respondents to consider the case of the petitioner for appointment on compassionate ground. The prayer so made was on account of death of his father while in service on 17.12.1997. His father was working as C/Fitter under SSE/C, N.F. Railways. As it appears that the OA was dismissed primarily on the ground that the petitioner while making the claim for compassionate appointment, had submitted a false School certificate, a fact the petitioner himself admitted in the OA.

(2.) FROM the materials on record, it appears that the petitioner had earlier filed another Original Application being OA No. 133/2006. The said OA was disposed of by order dated 9.6.2006 (Annexure-2), directing the Railways to consider the case of the petitioner.

(3.) BEING aggrieved by the said order dated 29.7.2011, which the petitioner had procured by suppressing the material fact, the Railway authority filed a Review Application, registered and numbered as RA No. 2/2011. The RA was allowed by order dated 11.11.2011 and OA was restored to file by recalling the earlier order passed directing the respondents to consider the case of the petitioner. However, the OA was withdrawn by the petitioner and to that effect an order was passed on 31.1.2012. In view of the withdrawal of the OA, same was dismissed.