DB Civil Writ Petition No. 18771/2012. Case: Shankar Lal Vs Central Administrative Tribunal. Rajasthan High Court
| Case Number | DB Civil Writ Petition No. 18771/2012 |
| Counsel | For Appellant: Party-in-Person |
| Judges | Ajay Rastogi and J.K. Ranka, JJ. |
| Issue | Constitution of India - Articles 14, 227 |
| Judgement Date | August 22, 2014 |
| Court | Rajasthan High Court |
Judgment:
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Instant petition is directed against the order of Tribunal dt. 11/09/2012 rejecting claim of the petitioner seeking compassionate appointment in place of his father who died, while in service, on 01/11/2002.
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It reveals from the record that the petitioner got married a year before his father's death and obviously holding an independent unit but after his father's death and being one of the major member of his family & claiming to be dependent upon having no source of income, moved application seeking compassionate appointment. However, as per the policy of the Govt., the matter for compassionate appointment could be considered for the post of Class IV/III against 5% quota of the sanctioned strength of the cadre and candidature of the petitioner was also considered sympathetically for the year from 2003 to 2007 but the suitable employment could not be offered to him for want of vacancy under 5% quota and his claim for compassionate appointment finally turned down and the widow, mother of the petitioner, was communicated vide letter dt. 27/04/2009.
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Assailing validity of the communication made, Original Application came to filed on 20/07/2012 and since the period of limitation for filing Original Application before the Tribunal is one year from the date of passing of the order impugned or from the date of service, in support thereof, a Misc. Application was filed seeking condonation of delay on the pretext that copy was served and brought to his notice on 14/10/2011 and if the order impugned is taken note of from the date of service, it was within the period of limitation and his grievance was required to be considered on merits.
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The Tribunal, at the admission stage, taking note of the material on record and the other salient features which were available...
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