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Judgment
Heard Mr. O.P. Thakur, learned Counsel for the Petitioner as well as Mr. K. K. Pangotra, learned Assistant Solicitor General of India.
This petition witnesses a challenge to the order dated November 19, 2009, passed by Central Administrative Tribunal, Chandigarh Bench,
(hereinafter referred to as 'CAT'), in TA. 109/JK/2009 (SWP No. 2784/2009), whereby the petition filed by the Petitioner was dismissed
rejecting his request for his appointment on compassionate ground due to the death of his father Late Sh. Roop Chand who was invalidated on
medical ground with effect from 1.4.1994 by the concerned department on 20.8.1994.
The only grievance of the Petitioner herein is that when the impugned order was passed by CAT, he was not being heard and, accordingly, it is
contended that the impugned order was being passed in flagrant violation of principles of natural justice and as such the same is liable be quashed
and set aside.
Upon hearing the learned Counsel for the parties including learned Assistant Solicitor General of India at length and also having closely
scrutinised the impugned judgment and order, we are of the view that the submissions so advanced on behalf of the Petitioner deserves to be
accepted. Accordingly, we are of the view that the ends of justice would be met if the matter is remitted back to CAT for hearing the same afresh
affording reasonable opportunities of hearing to the parties including the Petitioner herein.
At this stage, Mr. Pangotra has also fairly submitted that he has no objection to such proposition.
Consequently, this writ petition stands allowed and impugned judgment and order is set aside and quashed.
In view of the above, the case is remitted back to the CAT for hearing the same after issuing due notices to the respective parties including the
Petitioner.