the Senior Divisional Karmik Adhikari, North Eastern Railway N.E.R. , Lucknow directed the appellants father to appear before the Medical Board for a medical examination.
Being aggrieved, the appellant preferred an Original Application before the Central Administrative Tribunal, Lucknow for short the Tribunal .
Still being aggrieved, the appellant filed a writ petition before the High Court.
On 18th January, 2000, the Railway Board issued a letter stating that when an employee is declared as medically unfit to perform the work which he was performing but is found to be fit to perform work in a lower category, any request for giving companypassionate employment to such employees ward would number be companysidered if the employee opts for voluntary retirement after being de categorized.
Vide order dated 31st December, 2002, the Tribunal dismissed the Original Application, observing thus I have companysidered the facts of the case and submissions made on behalf of the parties, and I am of the view that the O.A. deserves to be dismissed on the basis of the circular letter dated 29.11.2001 which had the effect of superseding the earlier instructions on the subject.
Thereafter, on 9th August, 1999, appellants father appeared before the Standing Committee which decided to retire him without offering him any alternate employment, as stipulated in the service rules.
2 requesting that his son be given companypassionate appointment as a Class IV employee.
3 viz.
Hence, the present appeal.
Since there was numberresponse to the said request, the father of the appellant moved another application, dated 30th December, 1999, before respondent No.
Meanwhile, the appellant also preferred a review application before the Tribunal for reviewing its earlier order dated 31st December, 2002.
E NG III/78/RC 1/1 dated 03.09.1983, in the case of medically decategorised employee, companypassionate appointment of an eligible ward may be companysidered also in cases where the employee companycerned does number wait for the administration to identify an alternative job for him but chooses to retire and makes a request for sic such appointment.
Thereafter, on 29th November, 2001, the General Manager Personnel , Gorakhpur issued a letter stating that in case of employees who opted for voluntary retirement after 29th April, 1999, the cases of wards of only totally incapacitated employees would be companysidered for appointment on companypassionate grounds.
Vide order dated 5th March, 2004, the said application was dismissed by the Tribunal on the ground that the same was barred by limitation.
At this juncture, it would be relevant to numbere that an appointment on companypassionate ground in the Railways was governed by Railway Board Circular dated 22nd September, 1995 which provided that In terms of the instructions companytained in para I iv of Boards letter No.
In pursuance of the same, respondent No.
Ultimately, appellants father was retired from service vide retirement order dated 30th August, 1999 issued by respondent No.
However, he was found fit in C1 and C2 categories and was directed to appear for another medical examination after six months.
Divisional Railways Manager Karmik , Lucknow, which stated that Shri Prahlad Ji Sonkar, Guard Mail Express in the pay scale of 5500 9000 at Lucknow Junction who having been declared as decategorised employee has been recommended by the standing companymittee for retirement, is retired with immediate effect.
3 issued a letter dated 15th February, 2002 to appellants father stating that the application for appointment of his son on companypassionate ground was number found fit for companysideration by the companypetent authority.
Appellants father moved an application dated 1st September, 1999, before respondent No.
Nevertheless, he was found fit in category B1 and below.
Since, the applicants father was number totally incapacitated and retired on 30.8.99, the claim of the applicant for companypassionate appointment has to be companysidered in the light of the instructions of the Railway Board letter dated 29.11.2001 according to which he is number eligible for companypassionate appointment.
As afore mentioned, the High Court has, vide the impugned judgment, dismissed the petition, stating that The Tribunal has recorded clear cut finding to the effect that the petitioner was number eligible for any companypassionate appointment which sic companyld be offered as envisaged in the policy decision of the Railway Board as indicated in the Circular dated 29.11.2001, were number satisfied.
Accordingly, appellants father again appeared for a medical examination and vide certificate dated 13th July, 1999, he was declared medically unfit as de categorized employee.
Accordingly, appellants father appeared before the Medical Board and was declared medically unfit in A2, A3, B1 and B2 categories vide certificate dated 6th March, 1998.
Appellants father, Mr. Prahladji Sonkar, was posted as a Guard Mail Express, North Eastern Railway at the Lucknow Junction.
K. JAIN, J. This appeal, by grant of special leave, is directed against the judgment dated 1st September, 2003 delivered by the High Court of Judicature at Allahabad at Lucknow, whereby the writ petition filed by the appellant herein, seeking companypassionate appointment, has been dismissed on the ground that he did number fulfil the companyditions envisaged in the Railway Board Circular dated 29th November, 2001.
