UNION OF INDIA Vs. RAKESH KUMAR CHOUDHARY

JUDGEMENT

(1.) It is feeling aggrieved by the judgment and order dated 26.07.2017 passed in O.A. No.630 of 2015 (Rakesh Kumar Choudhary vs. The Union of India) by the Central Administrative Tribuna, Patna Bench, Patna (hereinafter referred to as the 'Tribunal'), whereby the original application filed by the respondent-applicant has been allowed with a direction to the petitioners herein to reconsider his case in terms of the circular dated 30.05.2017 that the Union in its Ministry of Communication and I.T., Department of Posts together with its officials are before this Court.

(2.) The facts of the case lie in a very narrow compass. The respondent-applicant applied for compassionate appointment on the death of his father in harness on 12.11.2011 while serving the respondent department as a Gramin Dak Sevak, BMP, at Soyra (Samastipur). The application filed by the respondent-applicant was considered and rejected by the Circle Relaxation Committee (hereinafter referred to as the 'CRC') in its meeting held on 24.01.2014, inter alia, on grounds that the respondent-applicant was a married son. He approached the Tribunal in O.A. No.408 of 2014 which was allowed. The order rejecting the claim for compassionate appointment was quashed and the petitioner-respondents were directed to consider the case of the respondent-applicant on merits.

(3.) The petitioner-respondents again rejected the case of the respondent-applicant vide order passed on 07.08.2015 on grounds that old cases cannot be reopened. However, since similar rejection by the department had been quashed by the 'Tribunal' that wisdom dawned and vide order passed on 11.01.2016 the case of the respondent- applicant was again considered but this time rejected on grounds that he secured only 27 merit points as against the minimum cut-off marks of 50 under the circulars regulating such appointment. It is feeling aggrieved by the order dated 11.01.2016 rejecting the claim of the respondent-applicant on merits that the respondent-applicant again moved the 'Tribunal' in OA No.630 of 2015 and which has since been allowed by the judgment and order dated 26.07.2017 in the manner aforesaid that the Union of India along with its officials in the department are before this Court.