BHAGWAN SAHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition arises from order dated 08.07.2014 dismissing O.A. No.647 of 2011 declining interference with the rejection of the application of petitioner No.1 for compassionate appointment to his son ? petitioner No.2 consequent to the medical de-categorisation of the former.

(2.) Learned counsel for the petitioners submits that the Circular dated 14.06.2006 issued by the Railway Board provides for appointment on compassionate grounds of Ward/Spouse of medically de-categorised staff of the Railways. Even in cases of voluntary retirement by a medically de-categorised employee, the scheme visualizes grant of compassionate appointment to one member of the family. The petitioner was de-categorised by delayed medical examination barely 14 days after his attaining the age of 55 years. The petitioner initially asked for voluntary retirement after medical de-categorisation on 19.02.2009 which was accepted on 22.04.2009. Without delay he sought compassionate appointment which was rejected on 20.04.2010 on the ground that he was over 55 years of age. The petitioner crossed the bar of 55 years barely by 13 days. The Circular dated 14.06.2006 being beneficial in nature should have been given a more liberal interpretation. The Tribunal erred by taking into consideration extraneous material that no request for compassionate appointment was made along with the request for voluntary retirement on 19.02.2009.

(3.) Counsel for the respondents opposing the application submitted that it is not in dispute that the petitioner is over 55 years of age and thus not eligible under the Circular dated 14.06.2006. His request for voluntary retirement dated 19.02.2009 was accepted on 22.04.2009. He did not make any request for compassionate appointment to his ward along with the original application. The request is an afterthought to the acceptance of his application for voluntary retirement and was therefore rightly not considered. The order of the Tribunal calls for no interference.