KISHAN MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the petitioner was denied appointment on compassionate ground, aggrieved, he approached the Central Administrative Tribunal, Patna Bench, Patna (Circuit Court at Ranchi) in O.A. No. 184 of 2011 (R). The said Original Application has been dismissed by impugned order dated 22.01.2013 and therefore, the petitioner has approached this Court by filing the present writ petition.

(2.) The father of the petitioner namely, Late Chandi Mandal died in harness on 26.05.2008. He was employed as Trackman under SE/P Way/Asansol. The family of the petitioner comprises of three members, the mother and the younger brother of the petitioner being the other members of the family. After the death of his father, his mother submitted an application to the Senior Divisional Personnel Officer, Eastern Railway, Asansol on 10.08.2009 for appointment of the petitioner on compassionate ground. In support of the educational qualification of the petitioner, the School Leaving Certificate (SLC) bearing Sl. No. 28 of 1987 dated 05.01.1987 was submitted with the respondent-authority. Vide letter dated 15.01.2010, the Senior Divisional Personnel Officer, Eastern Railway, Asansol, informed the mother of the petitioner that, since the School Leaving Certificate (SLC) bearing Sl. No. 20 of 1987 dated 05.01.1987 has not been found a genuine certificate, but it is a fake certificate therefore, the consideration for appointment in favour of the petitioner has been regretted by the competent authority. Thereafter, the petitioner made a representation on 10.06.2010 before the Respondent No. 2 and produced the original School Leaving Certificate (SLC) bearing Sl. No. 28 of 1987 dated 05.01.1987 and requested to furnish a copy of the investigation report. The petitioner approached the school authority also and sought for the information however, it was denied on the ground that old records prior to year, 1990 is not available. Thereafter, on 07.09.2011, the petitioner sought information through RTI from the office of District Superintendent of Education, Dhanbad, which also has not been provided to the petitioner. The petitioner made another representation on 01.09.2011 to the General manager, Eastern Railway, Kolkata for consideration of his case for appointment on compassionate ground asserting that he has not filed any fake certificate. The petitioner finally approached the Central Administrative Tribunal by filing O.A. No. 184 of 2011(R), which has been dismissed vide impugned order dated 22.01.2013.

(3.) Heard the learned counsel appearing for the parties and perused the documents on record.