UNION OF INDIA Vs. DEVA RAM

JUDGEMENT

(1.) The instant writ petition has been preferred by the Union Of India (Railways) for assailing the order dtd. 17/1/2020 passed by Central Administrative Tribunal, Jodhpur Bench whereby, the Original Application No. 290/00004/2017 filed by the respondent Shri Deva Ram was accepted and a direction was given to the petitioners to reconsider his case for appointment on compassionate grounds in place of the late Railway Employee Shri Ratna Ram being the adoptee father of Shri Deva Ram on a Group 'C' or 'D' post and to grant it to him, if he was found otherwise eligible.

(2.) Brief facts relevant and essential for disposal of the writ petition are noted hereinbelow:-

(3.) Thus, this Court has expressed its reservations on the Scheme for compassionate appointment prevailing in Indian Railways. It is pertinent to note that the Master Circular No. 16 prescribes the conditions under which, the dependents of employee dying in harness while in service can claim compassionate appointment. Clause (x) of the Circular is reproduced hereinbelow for sake of ready-reference:-