UNION OF INDIA Vs. C A T

JUDGEMENT

(1.) THE instant writ petition under Article 226 of the Constitution of India has been preferred by the Union of India seeking direction to quash the judgment of the Central Administrative Tribunal, Jodhpur Bench, Jodhpur dated 06. 12. 2001 whereby it allowed the Original Application of the second respondent Kumari Prabha Joshi and directed the petitioner to consider her application for appointment on compassionate ground.

(2.) TWO brothers namely deceased Gopal Lal Joshi and Shyamlal Joshi were working with Railways. Gopal Lal Joshi who was working on the post of Gateman at Nawa Railway Station in district Nagaur expired on 21. 10. 1994. The second respondent Kumar Prabha Joshi, moved an application in the year 1999 claiming herself to be an adopted daughter of her uncle deceased Gopal Lal Joshi for appointment on compassionate ground. The competent authority ordered an enquiry into the matter. The Enquiry Officer submitted the report which reveal that natural father of the girl was working as Booking Supervisor in Railways and up till death of Gopal Lal Joshi, Shyam Lal Joshi took all ]the privilege passes for his family alongwith Kumari Prabha Joshi, whereas, deceased Gopal Lal Joshi took privileges passes for himself only till 16. 06. 1994. The adoption deed alleged to have been executed on 09. 06. 1994. It was also found that Kumari Prabha Joshi was residing with her natural father. She never stayed with deceased Gopal Lal Joshi. Thus, the application for compassionate appointment was rejected and the decision was commentated by letter dated 29. 08. 2000.

(3.) IN Umesh Kumar Nagpal vs. State of Haryana and Others (5), the Apex Court has held that the public services on compassionate ground has been carved out as an exception in the interest of justice to the general rule that appointment in the public service should be made strictly on the merit and no other made of appointment nor any other consideration is permissible. The Court further held that a compassionate appointment is made out of humanitarian consideration with a view to provide livelihood to the family of the deceased so that they are able to make both ends meet. The whole object of granting compassionate employment is to enable the family to tide over the sudden crisis.