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Judgment
B.S. Chauhan and Bharati Sapru, JJ.—This writ petition has been filed for quashing the impugned Judgment and order dated 1st February, 2006 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, partly while accepting the case of the present petitioner i.e., Railway Administration that the respondent No. 1 has rightly been given the punishment of compulsory retirement but further directed to give the appointment on compassionate ground to his son on humanitarian consideration.
List revised. None appeared for the respondents.
We have heard Sri Amit Sthalekar, learned Counsel for the petitioners and have perused the records.
Learned Tribunal while concluding the Judgment has categorically held that the department was legally justified in giving the compulsory retirement to the said employee. Therefore; after reaching the said conclusion, there, was no occasion for the learned Tribunal to issue any other direction, and the direction so issued by the Tribunal in para 7 of the Judgment i.e. providing appointment to the son of the employee on compassionate ground cannot be sustained in the eyes of law and is set aside.
However, it is clarified that the petitioner-respondent shall be entitled for all retiral benefits which are permissible to him in accordance with law.
Subject to the observations made above, petition succeeds and allowed to the said extent.