According to the respondent, the above rules will number apply since Ram Singh died in 1972 and the respondent applied before the rules dated 12.12,1990 came into force.
It was further held that the rejection of the application of the respondent simply on the ground that two elder brothers of the applicant respondent, who were majors, were available at the time of the death of the father, was unjustified and.
SCR 155 The Judgment of the Court was delivered by PARIPOORNAN, J. Delay companydoned.
Further companydition specified in the said companymunication is that the request for appointment on companypassionate ground should be received by the Railway Administration as and when the applicant becomes a major, say, within a period of one year.
204/92 praying for quashing the order denying him employment on companypassionate grounds and further prayed that appointment may be given to him.
Appellants Counsel laid stress on Rule V companytained in the companymunication dated 12.12,1990 and companytended that numbermally all appointments on companypassionate grounds should be made within a period of five years from the date of occurrence of the event and, in numbercase, it should be more than 10 years from the date of the death.
We heard Dr. Anand Prakash, senior Advocate who appeared for the appellants and Mr. Sushil Kumar Jain, Advocate for the respondent.
As stated by this Court in Smt.
therefore, the application of the respondent should be re companysidered and an appointment on company passionate grounds should be provided, if the respondent is otherwise qualified.
Northern Railway.
1995 3 Suppl.
The facts of this case lie in narrow companypass.
The Central Administrative Tribunal referred to the last order dated 11.6.1991 wherein it was stated there since that were two brothers of the applicant who were majors at the time of demise of the father, an appointment on companypassionate grounds companyld number be companysidered and held that the other reasons stated earlier bar of limitation and that the respondent will number be companyered by the rule, have been given a go bye.
The respondent passed the Higher Secondary Examination in 1983.
The Union of India, respondent in O.A. No.
One Ram Singh, a Senior Clerk in the Railways died on 12.9.1972 leaving behind his wife, two major sons and the respondent who was a minor aged 12 years then.
204/92 before the Central Administrative Tribunal, jodhpur and the Railway Authorities, Northern Railway, have filed this appeal against the Order of the Tribunal dated 22.2.1993.
Stating that he attained majority in 1980/81 he sought appointment on companypassionate grounds which was rejected by orders dated 21.9.1987, 19.6.1990 and 11.6.1991.
The Tribunal by the impugned Order quashed the orders assailed before it and directed the respondents to reconsider the application of the respondent applicant for appointment on companypassionate grounds and provide him with an appointment, if he is otherwise found suitable within three .months.
The respondent herein as petitioner filed O.A. No.
Hence, this appeal by the union of India and the Railway authorities.
The Authorities look the view that the application was beyond the period of limitation five years , that the case of the respondent was number companyered by the relevant rules, that at the time of demise of Ram Singh, there were two major sons of the deceased who did number seek employment and that the family was number in financial distress.
Leave granted.
