SIS PAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This is a petition for issue of a writ of mandamus to the respondents to appoint the petitioner on compassionate grounds in lieu of the service of his father Shri Ratia Ram.

(2.) Father of the petitioner was holding the post of Gangman PW1/UMB on the date of his death, i.e. 16.2.1972. On 15.6.1975 the widow of late Shri Ratia Ram made an application to the Divisional Personnel Officer, New Delhi, for employment of her son (petitioner), who was minor at that time. This request was repeated by the widow of Shri Ratia Ram on 2.11.1990. The Divisional Railway Manager, Northern Railway, Ambala Cantt., considered the case of the petitioner for appointment on compassionate ground and forwarded it to the higher authorities. However, the Railway Board refused to sanction appointment of the petitioner vide Annexure P4 dated 28.11.1990. On a further representation made to the Minister of State for Railways through the Member of Parliament Shri Swarup Upadhyay, the former informed the latter vide Annexure P5 that the first son of late Shri Ratia had been employed as Casual Gangman in Ambala Division on 15.11.1993 and, therefore, it was difficult to appoint his another son on compassionate ground. The petitioner has claimed that Tej Pal son of Ratia Ram got the job of Casual Gangman not under the policy of the Government to appoint a dependant of the deceased on compassionate ground but independently and, therefore, the denial of appointment to the petitioner is without any cogent reason and the decision of the respondents suffers from patent arbitrariness and that establishes clear violation of Article 14 of the Constitution of India.

(3.) Notice of motion was issued by this Court on October 19, 1993 and after giving more than one opportunity to the respondents to file reply, the writ petition was admitted on April 25, 1994.