LAWS(PAT)-2016-7-119

THE UNION OF INDIA THROUGH THE GENERAL MANAGER, N.F. RAILWAY, POST OFFICE MALIGAON, DISTRICT Vs. JAINATH, SON OF LATE SHARWAN, EX GATEMAN, N.F. RAILWAY, KISHANGANJ, RESIDENT OF AT, P.O. & DISTRICT

Decided On July 13, 2016
The Union Of India Through The General Manager, N.F. Railway, Post Office Maligaon, District Appellant
V/S
Jainath, Son Of Late Sharwan, Ex Gateman, N.F. Railway, Kishanganj, Resident Of At, P.O. And District Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present writ application is to an order passed by the Central Administrative Tribunal, Patna Bench, Patna (for short the Tribunal ) on 22nd of Jan., 2015 in O.A. No. 292 of 2013, whereby an Original Application filed by the respondent was allowed with a direction to reconsider the case of the applicant for appointment on compassionate grounds keeping in view the observations made in the order.

(3.) The respondent (hereinafter referred to as the applicant ) was working as a Gateman in Engineering Department. He was initially appointed on 18th of Dec., 1978. He was examined by the Medical Board at New Jalpaiguri Railway Hospital on 25th of Jan., 2011 and declared medically unfit for service. The grievance of the applicant is that since he has become medically unfit, the administration has to make an effort to give him alternative appointment. Since no such effort was made, therefore, one ward or son of the employee has to be given appointment.