UNION OF INDIA AND OTHERS Vs. NAYAN DAS

JUDGEMENT

(1.) Heard on admission. This petition under Article 226 of the Constitution is filed against the order dated 3.2.2016 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati, whereby it has allowed respondent's OA No. 114/2015 directing the petitioners to immediately consider his case for compassionate appointment.

(2.) Facts in short are these. One Bihu Ram Das was an employee in the Indian Railways and died-in-harness. He left behind his widow, one unmarried daughter and two sons, namely, Basanta Das and Nayan Das (Respondent). At that time, Basanta Das was married. He also has a minor daughter-Jayashree Das, who is presently aged about 10 years. On the death of Bihu Ram Das, the petitioners gave compassionate appointment to Basanta Das to mitigate the financial crisis. Unfortunately, even Basanta Das expired on 15.6.2014. And before his death, his marriage with wife Kalpana Baishya had been dissolved vide order dated 11.7.2013 passed by the Principal Judge, Family Court, Guwahati and thereafter, she also remarried to another person on 7.10.2013. Their daughter Jayashree Das is in the care and custody of her maternal grand-parents.

(3.) Under such circumstances, the respondent, being younger brother of Basanta Das, approached the petitioners for his compassionate appointment, but to no avail. He, therefore, filed OA No. 114/2015 before the Tribunal for a direction against the petitioners to appoint him on compassionate ground on the post, which fell vacant, due to death of his elder brother.