UNION OF INDIA Vs. TILAK RAJ

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order passed by the learned Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') on 23.5.2006, whereby the Original Application under Section 19 of the Administrative Tribunals Act, 1985, filed by respondent No. 1 was allowed and the present petitioner was directed to consider the case of respondent No. 1 for compassionate appointment against any suitable and available post like water man etc., in Group -D, as per his educational qualification.

(2.) KHARAITI Lal, father of respondent No. 1 died on 8.5.1973, while working as Pointman under the Railways. Respondent No. 1 is his son born on 25.9.1968. He has studied upto 6th Class. He sought appointment on compassionate grounds, vide an application dated 6.4.1988. An affidavit filed by the said respondent at the time of seeking appointment on compassionate grounds has been appended with the writ petition as Annexure P.1. The said claim of respondent No. 1 was declined vide order dated 27.6.1989 (Annexure P -2A). Subsequently, respondent No. 1 filed another representation for appointment, which was rejected on 31.3.2004, which was made subject matter of challenge before the learned Tribunal.

(3.) THE entire case of respondent No. 1 revolves around the Instructions dated 18.4.1985 appended with the writ petition as Annexure P.4. The said Instructions were Annexure R.2 before the Tribunal. While considering such Instructions, the Tribunal has taken into consideration the fact that the case of a minor dependent has to be kept pending for 5 years after the minor attains the age of 18 years. The learned Tribunal found that the clause in the Instructions that the case has to be kept pending for a period of five years has to be reckoned from the date of attaining the majority and not from the date of death, as sought to be canvassed by the petitioner herein. In view of the said interpretation, the Tribunal issued the directions as mentioned above.