JAGMOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 29.3.2001, Annexure P-4, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the 'Tribunal'), whereby an application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985 seeking appointment on compassionate ground was dismissed.

(2.) Shri Gurdial Singh, father of the petitioner, while working as driver with the Central Ground Water Board (hereinafter referred to as the 'Board'), died on 13.5.1995. After the death of the father of the petitioner, the mother of the petitioner sought appointment of the petitioner, who was born on 30.5.1970, on compassionate ground in the year 1996. On 27.12.1998, the petitioner was informed that his case has been forwarded to the respondent No.3 for further action, but on 5.2.2000, the petitioner received a communication that his claim for appointment on compassionate ground has been considered by the Board in its meeting held on 9.9.1997 and since no vacancy was available at that relevant time, the name of the petitioner was circulated in various Ministries of the Government of India for offering him compassionate appointment. It is the case of the petitioner that such communication virtually declines the claim of the petitioner for appointment on compassionate ground.

(3.) In reply to the averments made in the application, the respondents have pointed out that the name of the petitioner was considered by the Screening Committee constituted by the Board, with other candidates for appointment on compassionate ground, in its meeting held on 9.9.1997. Since the number of vacancies within the prescribed quota of 5% were not available, the petitioner could not be appointed on compassionate ground.