SUNAINA DEVI WIFE OF LATE R.V.SINGH AND LAXMIKANT SINGH SON OF LATE R.V.SINGH Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, THE CHIEF ENGINEER (A/F), THE COMMANDER

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, learned Counsel for the Union of India and the other official respondents.

(2.) Petitioner No. 1 is mother of petitioner No. 2. Late R.V. Singh died in harness while serving in a group-C post on 23.06.1999. Petitioner No. 2, being his eldest son applied for compassionate appointment on 23.08.1999. There was no contest from any other dependents which include two sons and one unmarried daughter. It appears from the discussion made by learned Central Administrative Tribunal, Patna Bench, Patna in its impugned order dated 3rd November, 2006 passed in O.A. No. 167 of 2005 that the claim for such appointment was considered in June, 2001 and rejected on 11.08.20001. According to the petitioners the order rejecting their prayer was not received by them although it is the claim of the respondents that such order was sent by registered post at the known address. The materials on record further disclose that the claim of petitioner No. 2 was further considered in the years 2004 and 2005. In 2006 also it appears that the claim was considered and rejected on the basis of assessment of the claim made in 2004.

(3.) On the basis of first order of rejection dated 11.08.2001 a plea of limitation arose before the Tribunal. The Tribunal was of the view that subsequent representations could not have extended the period of limitation but it did not reject the application on the ground of limitation and instead held that in many cases the Court and Tribunal have condoned the delay if its promotes justice. Thereafter the matter was considered on merits.