JHANDU MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is preferred for quashing the order dated 16.4.2009 passed in O.A. No. 247 of 2002 by the Central Administrative Tribunal, Patna Bench in Ranchi, in and by which the case of the petitioner for compassionate appointment has been rejected on the ground of delay.

(2.) The mother of the petitioner, namely late Chepi Mahto, was a permanent employee of the 2nd respondent, the Central Fuel Research Institute( a Unit of CFRI ), who died while in service on 31.8.1999 leaving behind the petitioner as her only son. The petitioner thereafter applied for compassionate appointment in January, 2000 and an offer of appointment was issued on 26.5.2000. The petitioner submitted his joining on 20.6.2000. Since the date of birth of the petitioner differed, the documents were sent for verification. According to the petitioner, on noticing discrepancy in the date of birth, he approached Swatantra Bharat Vidyalaya (High School Bhaga), whereupon he was given fresh transfer certificate dated 28.6.2000 duly signed by the Headmaster of the High School and the petitioner submitted the same to the respondents; but the respondents without verifying the transfer certificate issued by the Swatantra Bharat Vidyalaya (High School Bhaga) dated 28.6.2000 and without any notice and show cause, restrained the petitioner from joining the work.

(3.) Being aggrieved by the action of the respondents, the petitioner filed O.A. No.247 of 2002 before the Central Administrative Tribunal, Patna Bench in Ranchi. The Tribunal vide order dated 16.4.2009 held that the mother of the petitioner died in the year 1999 and the family has survived during this period and in view of the decisions rendered by the Hon'ble Supreme Court in the cases of Union Bank of India vs. M.T.Lathees, 2006 7 SCC 350; State of J & K & ors. Vs. Sajad Ahmad Mir, 2006 5 SCC 766 and National Institute of Technology vs. Niraj Kuamr Singh, 2007 1 SCC(L&S) 668, the appointment on compassionate ground cannot be given to the appellant after lapse of sufficient time of the death of employee.