CHANDIGARH ADMINISTRATION Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND OTHERS

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 19.5.2006, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'The Tribunal'), allowing an original application filed by Hari Singh, respondent No. 2 (hereinafter referred to as 'the applicant').

(2.) Shri Jaspal Singh, father of the applicant died 30.8.1999. He left behind his wife Vidya and sons Ram Singh, Avtar Singh; Jai Singh apart from the applicant. An application for appointment on compassionate ground was submitted by the applicant in December, 1999. The said application was ordered to be returned with a remark to submit the same after endorsement from the Social Welfare Department and in the prescribed proforma along with the connected documents. The application in prescribed proforma was submitted on 17.2.2000, but the same was returned by the Superintending Engineer with the remarks that other sons of the deceased are working, therefore, it should be justified as to how the claim of the applicant is covered for appointment on compassionate ground. Affidavits were filed by the mother and brothers of the applicant in respect of the employment of the applicant on the compassionate ground. The said documents were filed on 5.5.2000.

(3.) The Chandigarh Administration has constituted a Committee for recommending the cases for appointment on compassionate ground called Common Committee for appointment on compassionate ground in terms of the policy framed by the Central Government for appointment on compassionate ground dated 9.10.1998. The said committee approved the name of the applicant for appointment for the post of white washer, but no appointment was given to the applicant, which led to the filing of the Original Application before the Tribunal. The applicant claimed that respondent Nos. 5 and 6, have been allowed to jump the queue, while giving them appointment, therefore, the action of the respondents is unjustified and arbitrary.