LAWS(JHAR)-2017-1-50

UMA SHANKAR, SON OF LATE RAM RATAN SINGH, R/O CHANDANI CHOWK, OVRIA ROAD IN FRONT OF R.N.T.I. COLLEGE, P.O. Vs. UNION OF INDIA THROUGH DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE HAVING OFFICE AT 16 C.G.O. COMPLEX, NEW DELHI, P.O + P.S. LODHI ROAD, NEW DELHI

Decided On January 13, 2017
Uma Shankar, Son Of Late Ram Ratan Singh, R/O Chandani Chowk, Ovria Road In Front Of R.N.T.I. College, P.O. Appellant
V/S
Union Of India Through Director General, Central Industrial Security Force Having Office At 16 C.G.O. Complex, New Delhi, P.O + P.S. Lodhi Road, New Delhi Respondents

JUDGEMENT

(1.) - Heard the parties.

(2.) The petitioner has filed the instant writ petition with a prayer to quash the decision as contained in Memo No. 1100 dated 24.03.2015 (Annex. 16) issued from the office of Additional Director General, CISF under the signature of Assistant Commandant, whereby and where under claim of the petitioner for appointment on compassionate ground has been rejected on the sole ground that one of his brother is employed under Government Service and his another brother is also engaged in personal business. Further, the petitioner has also prayed for appointment on compassionate ground taking into account that his brothers are living separately and not maintaining his mother after death of his father in terms of the various orders and judgments passed by the Honourable Apex Court and Honourable High Courts.

(3.) The factual matrix of the case is that the petitioner's father namely, Late Ram Rantan Singh was appointed as a constable (G.D) on 01.05.1980 and he served the department with best satisfaction to all concerned authorities. Father of the petitioner, during his service period, while he was posted as ASI/Exe under CISF, ASG at Bhubhneshwar, was undergoing treatment at Appollo Hospital, Bhubhneshwar and on his request, respondent Authority issued an order vide letter No. 1690 dated 20.05.2013, whereby medical rest was granted for a period of 35 days with effect from 18.05.2013 to 21.06.2013 and was directed to report for duty on 22.06.2013. Further, father of the petitioner joined the service as directed by the respondent Authorities, but again on the advice of the Doctor of Appollo Hospital, Bhubhneshwar, medical leave was granted for a further period of 60 days with effect from 05.10.2013 to 03.12.2013 with a direction to report for duty on 04.12.2013 along with relevant medical reports. As per medical leave, father of the petitioner came to Ranchi to take proper rest and medical care. While petitioner's father was in Ranchi, his health further deteriorated and he died on 24.10.2013 in RIMS, Ranchi. After the death of his father, the mother of the petitioner submitted representation to the Senior Commandant, CISF/NSCVI, Airport, Kolkata, stating therein about her financial difficulties and old age and requested to take step for appointment of her youngest son on compassionate ground as petitioner was the only son who will be maintaining and looking after her family.