SHANKAR LAL Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) INSTANT petition is directed against the order of Tribunal dt. 11/09/2012 rejecting claim of the petitioner seeking compassionate appointment in place of his father who died, while in service, on 01/11/2002.

(2.) IT reveals from the record that the petitioner got married a year before his father's death and obviously holding an independent unit but after his father's death and being one of the major member of his family & claiming to be dependent upon having no source of income, moved application seeking compassionate appointment. However, as per the policy of the Govt., the matter for compassionate appointment could be considered for the post of Class IV/III against 5% quota of the sanctioned strength of the cadre and candidature of the petitioner was also considered sympathetically for the year from 2003 to 2007 but the suitable employment could not be offered to him for want of vacancy under 5% quota and his claim for compassionate appointment finally turned down and the widow, mother of the petitioner, was communicated vide letter dt. 27/04/2009.

(3.) THE Tribunal, at the admission stage, taking note of the material on record and the other salient features which were available regarding death of his father which took place on 01/11/2002 and the date of filing of the Original Application in July, 2012 and so also the fact that the terminal benefits, which the widow was entitled for on account of death of his husband, must have been paid and taking note of the fact that he was already married a year before his father's death, arrived at a conclusion that at least an inference can be drawn that the family was not indigent or in financial crunch which needs compassionate employment.