Research › Search › Judgment

Patna High Court · body

2002 DIGILAW 709 (PAT)

Union Of India v. Surendra Ram

2002-07-05

R.N.PRASAD, RAVI S.DHAVAN

body2002
Judgment 1. Union of India has filed the present writ petition against the decision of the Central Administrative Tribunal dated 8 March 2000 in O.A. No. 15 of 1998. Surendra Rai V/s. The Union of India & others. 2. Surendra Rai laid a claim petition before the Central Administrative Tribunal on the basis that his father while serving North-Eastern Railway as a permanent employee in the capacity of a Gate-Keeper was declared medically unfit and was made to retire in the midst of his service by virtue of an office order dated 29 May 1999. The post on which the claimants father retired was a grade D post. 3. At the time when the claimant was applying before the railway administration it is on record that the North-Eastern Railway, Samastipur informed that necessary steps have been taken on the completion of the process for his appointment which would be arranged on availability of the vacancy in sequence. The issue then was clearly on the aspect that a vacancy in sequence occurring the appointment on compassionate ground to the claimant would be considered. 4. The applicants father had retired otherwise than in a normal course. According to the criteria with railway administration it cannot be said that the claimant was not entitled to be considered for a job on a compassionate ground. The Tribunal was of the view that a, prima facie, case has been made out regard being had to the facts and circumtances of the manner in which the applicants father was put out of service pre-maturely. 5. The Court does not find that the Tribunal has committed any error to occasion interference by this Hon ble Court. 6. Dismissed.