AKSHAIBAT CHOUBEY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) By this writ petition, the petitioner challenges the order of the Central Administrative Tribunal (hereinafter referred to as the Patna High Court CWJC No.23541 of 2013 dt.06-08-2015 "Tribunal") Patna Bench, Patna, passed in order dated 13.08.2012, in O.A. No. 3/2010.

(2.) The original applicants before the Tribunal were the petitioner and his son who is performa respondent no. 8 in this writ petition. The facts are not in dispute. The petitioner was a Letter Sorting Assistant in the Railways Mail Services at Patna, and had been working since 1973. He has some problem in the eyes. At his request a Medical Board was constituted which certified 100% loss of eye sight in the year 2000. On the basis of the aforesaid certificate of total disability, on 06.02.2000, petitioner was retired. According to the petitioner, he had sought retirement on assurance that being medically boarded out, his son would get compassionate appointment. The Department maintains that he opted for voluntary retirement.

(3.) Be that as it may, the fact remains that petitioner retired and accepted retirement w.e.f. 06.02.2000. He then applied for compassionate appointment for his son, which was rejected in the year 2001. He contested the matter and filed appeal in the year 2006. His appeal, in respect of compassionate appointment, was also rejected. He then, in the year 2008, filed petition before the Chief Commissioner, For Persons with Disabilities, a claim case in terms of proviso 47(1) of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.