CHANDIGARH ADMINISTRATION Vs. AMRITPAL SINGH AND ANOTHER

JUDGEMENT

(1.) The challenge in the present writ petition is to the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 22.9.2006, whereby an Original Application filed by Shri Amritpal, respondent No. 1 (hereinafter referred to as'the applicant') was allowed and the petitioner was directed to recommend the case of the applicant for appointment on compassionate ground.

(2.) Shri Surjit Singh, father of the applicant, retired from the service of the petitioner on medical ground on 28.2.2003. The applicant applied for appointment on compassionate ground in terms of the Government of India Policy dated 9.10.1998. His name was recommended on 4.3.2004 for appointment against Class-III post. But, subsequently, he was informed that since 5% quota of direct recruitment for appointment on compassionate ground is not available, therefore, his claim for appointment on compassionate ground was rejected. It was on 30.11.2004, the case of the applicant for extension in the waiting list was rejected and his name deleted.

(3.) Before the Tribunal, the petitioner took up a stand that the applicant has mis-stated the facts as the elder brother of the applicant is in Government service and both the brothers are living in House No. 2877, Sector 47-C, Chandigarh. Therefore, his case was rightly rejected for extension on compassionate ground. In rejoinder, the applicant has relied upon a verification report of the Nodal Officer of the Department, who has reported that the brother of the applicant is living separately and is not supporting the other family members. The Tribunal earlier dismissed the Original Application on 24.1.2006, but subsequently, vide order dated 22.9.2006, allowed a review application, after finding that the brother of the petitioner is, in fact, residing separately at House No. 2357, Sector 24-C, Chandigarh. The Tribunal found that House No. 2877, Sector 47-C, Chandigarh, owned by the father of the applicant is a single roof Housing Board house and one son of Surjit Singh is living separately and other one is unemployed. In view of the said fact, the Tribunal returned a finding that Jatinder Pal Singh, elder son of Surjit Singh, is in fact, residing separately in House No. 2357, Sector 24-C, Chandigarh and thus, reviewed the order and issued directions to consider the case of the applicant for appointment.