SUNIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) ard Mr. P.C. Verma,learned counsel for the petitioner. This writ petition is filed by the petitioner to consider his case for appointment on compassionate ground in place of his late brother, who was working as Operator in the Telecommunication Department at Bharatpur on substantive post. He died on July 20, 1991. He was unmarried. The petitioner claims that he is the dependent upon his brothers income. The petitioner applied for appointment on compassionate ground which was turned down by the Assistant General Managaer vide his order dated January 6, 1995 (Annexure-1). Again he made a further request which was also not entertained by the respondent and by order dated March 30, 1995, the request was turned down. He filed the Original Application No.303/2000, before the Central Administrative Tribunal, Jaipur, which was dismissed on September 5,2000. Aggrievedby the order dated September 5, 2000, the present writ petition has been filed.

(2.) It is the case of the petitioner that the impugned order dated September 5, 2000 is not legally sustainable being contrary to the provisions of law as also the facts of the case.

(3.) We have perused the order passed by the Central Administrative Tribunal, Jaipur Bench., Jaipur (hereinafter referred to as, the Tribunal) and the documents filed with the writ petition. It is seen from the document dated January 6, 1995 (Annexure-1) issued by the Department of Telecommunication, Rajasthan Circle, Jaipur that no near relative will be eligible for appointment on compassionate ground and only the widow or son or daughter or adopted son or adopted daughter of the deceased Government Servant can be considered for appointment on compassionate grounds. It is also seen from the document Annexure-1 that the appointment to the brother of the deceased appears to be not justified as per the notification. Committee has also noted that six brothers of the petitioner had already been employed in autonomous bodies i. e. bank etc. Anriexure No. 2, the letter dated March 30, 1995 is also a communication of the Telecommunications Department. The said letter reads as follows: "DEPARTMENT OF TELECOMMUNICATIONS INDIA From Telecome Distt. Engineer Bharatpur (Raj..) To Shri Sunil Kumar B7O Late Shri Sanjay Kumar Village Anah, Post Sewar, District Bharatpur (Raj.) No.E-4/Rectt/TOS/Ch 11/17 Dated 30.3.95 Sub: Compassionate ground appointment- case of Sh. Sunil Kumar B/o Late Sh. Sanjay Kumar Ex.T.O. As per rules no near relative is eligible for appointment on compassionate ground. Therefore, it is regretted to inform you that your case has not been considered justified for appointment on compassionate ground please. sd/- Telecom Distt. Engineer Bharatpur (Raj.) Annexure 3 is the notice issued by the advocate/Solicitor of the petitioner to the department.