NISHI KANT GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By Court This writ petition has been filed for quashing the order passed in O.A. No. 173 of 2008(R)dated 26.10.2010 as well as the order passed in R.A. No.23 of 2011(R) dated 11.4.2011 by the Central Administrative Tribunal, Ranchi, whereby the prayer of the petitioner seeking benefit of compassionate appointment has been rejected.

(2.) The brief facts of the case are that the father of the petitioner was serving in the office of 2nd respondent, who died on 28.10.2005 in harness. Thereafter mother of the petitioner immediately applied for the benefit of compassionate appointment for the petitioner. The respondentauthority vide letter dated 31.8.2007 asked the petitioner to appear in interview along with all documents and pursuant thereto the petitioner appeared in interview.

(3.) According to the respondents, the case of the petitioner was considered along with four other candidates by the Committee Members on the basis of five factors, namely, family pension, terminal benefits given, possession of immovable property, number of minor sons and unmarried daughters and left over service of the deceased employee. As per the said parameters for giving the benefit of compassionate appointment, certain marks were being alloted and the petitioner was awarded 16 marks which were lowest in comparison to other three candidates, who have secured 36,45 and 65. According to the respondent, the petitioner got the lowest marks out of four candidates, therefore only two candidates who secured the highest marks have been selected for the employment, subject to the availability of 5% vacancies as per Department of Personnel & Training Order F.No.14014/6/95Estt. (D) dated 26th September, 1995.