PARMA NAND SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present application has been filed for quashing the order passed by the Central Administrative Tribunal (hereinafter referred to as the 'CAT') dated 17.1.2001, as contained in Annexure 13, by which the application of the petitioner for compassionate appointment has been rejected.

(2.) THE contention of the learned counsel for the petitioner is that he being the son of late H. P. Sinha, who died in harness as an employee of the Indian Railways as Ex. Catering Supervisor on 16.11.1984, could have been appointed on compassionate ground.

(3.) FROM the order of the CAT it would transpire that on 9.7.98, the Chief Personnel Officer communicated the decision of the General Manager to the petitioner stating therein that his father had died on 16.11.84 and as more than 18 years and 8 months have elapsed and as the application for compassionate appointment was required to be submitted within five years from the death of the Railway employee and as the application of the petitioner had been submitted more than seven years thereafter, the same could not be considered. The aforesaid Setter further goes to show that the General Manager had been delegated with the special power towards relaxation of five years time with regard to the appointment of the first son/first daughter/first child fo the ex railway employee, provided the application was submitted within two years of his/her majority, i.e., attaining 18 years of age.