Mithun vs Union Of India & Others

Pradeep Kumar, Member(A)

Late Shri Harish Chandra, father of the applicant is reported to be working as a vendor at Tea Stall at Tundla, badge no. 54 under chief catering Inspector. He unfortunately died on 14.11.2003 due to illness. He left behind his widow, two sons and a sister. The widow represented for her compassionate ground appointment. The same was rejected vide Divisional Railway Manager, North Central Railway, Nawab Yusuf Road, Civil Lines, Allahabad letter dated 11.11/7.12.2011 on the reason that she did not have the requisite minimum qualification of high school.

The applicant, S/o late Shri Harish Chandra, become major on 09.07.2015. Thereafter, the widow mother requested for his appointment on compassionate ground, who is the applicant in the instant O.A. The representations were submitted on 17.07.2019 and, thereafter, on 28.10.2019. There has been no response from the department, hence this OA.

It is pleaded that similarly placed person namely Prashant Sharma S/o Ram Kishore has been offered appointment on compassionate ground in place of his deceased father in similar circumstances.

Notice be issued to the respondents returnable in four weeks. Shri K K Shsarma, learned counsel, who appeared for respondents, accepts notice.

He pleads that a copy of the OA is not supplied to him. The applicant undertakes to supply the same within a period of three days.

At this stage, learned counsel for the applicant submitted that he will be satisfied, if certain directions be given to the respondents to consider the pending representations dated 17.7.2019 and 28.10.2019 and to pass an appropriate order.

Tribunal has considered the request of applicant. It is felt that no prejudice is likely to be caused to the respondents, if the applicant's aforesaid request is acceded to.

In view of the foregoing, the OA is disposed off at the admission stage itself, without going into the merits of the case, with a direction to the respondents to pass a reasoned and speaking order on the pending representations dated 17.7.2019 and 28.10.2019, within a time period of 12 weeks, in keeping with extant rules and instructions, under advice to the applicant. No costs.