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2003 DIGILAW 1109 (RAJ)

Union of India v. C. A. T.

2003-08-04

N.N.MATHUR, O.P.BISHNOI

body2003
JUDGMENT 1. We have heard Mr. Kemal Dave, learned counsel for Union of India and perused the judgment of the Central Administrative Tribunal, Jodhpur Bench dated 24.10.2002. 2. The Tribunal has directed the appellant Railway Administration to consider the case of the respondents for appointment on compassionate ground afresh objectively keeping in view the observations made therein. It is not in dispute that Tarachand, Cabin Man in the employment of Railway Administration died in harness on 31st December, 1997 leaving behind three sons namely, Ramesh Kumar, Pukhraj and Dinesh. Unfortunately, the first son to Ramesh Kumar also died on 9.10.1999. The second son Pukhraj submitted an application for appointment on compassionate ground. This prayer was rejected and hence he approached to the Tribunal. 3. It is contended by Mr. Kemal Dave, learned counsel appearing for the Railway Administration that the conduct of the respondent dis-entitles him is from appointment on compassionate ground. It is submitted that initially he gave a certificate dated 11.4.1999 certifying that his elder brother Ramesh Kumar died on 9.4.1999. Subsequently, he filed another certificate showing the date of death as 9.10.1999. The Tribunal considered it as a bonafide error. While considering this aspect, the Tribunal has referred to the decision of the Apex Court being State of Madhya Pradesh v. Ramshankar Raghuvanshi, reported in 1983 (2) SCC 145 wherein it is observed as under:- "Should all these young men be debarred from public employment? Is Government service a heaven that only angels should seek entry into it?" It is further observed:- "If Government service were a world for angels only, elaborate conduct rules and discipline and appeal rules would not have been necessary to regulate their conduct after entry into that world." 4. Indeed integrity in public service is essential, but one need not be over obsessed completely ignoring the ground of realities.The order of Tribunal being justified does not warrant interference in exercise of powers under Article 227 of the Constitution of India. The writ petition is dismissed.Petition Dismissed. *******