UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition is filed by the Union of India and others challenging the order dated 28.08.2003 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short, 'the Tribunal') in O.A. No.540 of 2001.

(2.) The father of the second respondent herein was a Class IV employee in the Department of Posts. He is said to have died while in service in the year 1996. There existed a Scheme for providing employment on compassionate ground to the dependents of a deceased employee, subject to certain conditions. The second respondent submitted an application in the year 1997 with a request to provide employment.

(3.) The Scheme that existed at the relevant point of time was to the effect that 5% of the available vacancies shall be ear -marked for the purpose of giving employment to the dependents of the deceased employee who died while in service on compassionate grounds. The turn of the second respondent did not reach during that year. The same situation existed till the year 2000. In the year 2000, a policy decision was taken to restrict the consideration of such candidates only for the concerned year and not to carry them forward. However, those candidates, who were on the waiting list, were given an option to work as Gramin Dak Sevak (G.D.S.).