LAWS(RAJ)-2021-8-189

COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN Vs. DHARMENDER SHARMA

Decided On August 16, 2021
COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN Appellant
V/S
Dharmender Sharma Respondents

JUDGEMENT

(1.) Petitioners have filed the petition challenging order dtd. 27/5/2019 passed by Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), whereby, original application filed by Respondent No. 1 was allowed.

(2.) Learned counsel for the petitioners has submitted that the Tribunal has erred in allowing the original application filed by Respondent No. 1 as the case of Respondent No. 1 had been duly considered by the petitioners for compassionate appointment and had been rejected vide Office Memorandum dated 21/27/8/2012. Case of Respondent No. 1 could not be considered for compassionate appointment in the year 2011 as he had not submitted any application in the said year for his consideration for compassionate appointment.

(3.) Learned counsel for Respondent No. 1 has opposed the petition and has submitted that father of Respondent No. 1 had died while in service on 17/9/1999 leaving behind his widow, six daughters and two sons. Respondent No. 1, being the eldest son of the deceased, had applied for grant of appointment on compassionate basis on 5/10/1999. However, Respondent No. 1 had not been granted appointment on compassionate basis in the year 2011 because case of Respondent No. 1 was not considered for appointment on compassionate basis, whereas, the persons having less weightage marks were offered appointment on compassionate basis.