Court No. - 34
Case :- WRIT - A No. - 46757 of 2014 Petitioner :- Sangam Lal Respondent :- Union Of India And 3 Ors Counsel for Petitioner :- N.L. Agarwal Counsel for Respondent :- A.S.G.I.,Ishan Shishu
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri N.L. Agarwal, Advocate for petitioner and learned standing counsel for respondent.
2. Petitioner's claim for compassionate appointment, on the death of his father during service, was negated by respondents on the ground that as per scheme of compassionate appointment available to respondents only 5% vacancies of direct recruitment, in a year, in Group-C and D posts were made available for compassionate appointment. Considering all candidates seeking compassionate appointment, merit list was prepared in which petitioner could not find place within available vacancies. This fact has been found correct by Central Administrative Tribunal, Allahabad (hereinafter referred to as Tribunal), hence it has rejected Original Application No. 538 of 2011; Sangam Lal Vs. Union of India and others on 7.1.2014, which was filed by petitioner.
3. Counsel for petitioner submitted that Tribunal has passed a non-speaking and unreasoned order. We find no substance therein. Tribunal has held that claim of petitioner for compassionate appointment was considered by respondents following Government policy / Scheme and Rules but due to more deserving candidates for compassionate appointment, case of petitioner was not recommended. It has also been made clear that quota prescribed for purpose of compassionate appointment is only 5% of total direct requirements to vacancies occurring in a year in Group C and D posts and, therefore, no case is made out.
4. We find no reason to interfere in the impugned judgment and order dated 7.1.2014. Writ Petition lacks merit and is dismissed accordingly.
Order Date :- 25.4.2018 SKS