Central Administrative Tribunal - DelhiRoshni Devi, Wife Of Late Shri Balwan ... vs Govt. Of Nct Of Delhi, Through Chief ... on 21 February, 2008ORDER
 

 Shanker Raju, Member (J)1. On dismissal of OA, the Tribunal is precluded from issuing any positive direction, which would bestow upon the applicant an indefeasible right, as ruled by the Apex Court inGovernment of NCT v. Nitika Garg, .2. In the light of the above, the applicants, legal heirs of the deceased employee who died after serving 5 years, filed an OA 757/2002 on 15.11.2002 where the claim for compassionate appointment has been found not to have merit endorsement. Accordingly, an observation made in the Para 7, leaving the respondents to decide the claim of applicant in accordance with law and relevant instructions in force. The High Court has taken note of the aforesaid in WP(C) 1226-1228/2004 wherein an order passed on 21.8.2004 ruled that the claim of applicant for compassionate appointment has been rejected. SLP filed against it, as stated at Bar by Learned Counsel for respondents has already been dismissed. Accordingly, the issue of compassionate appointment of applicants has attained finality, which now cannot be reopened would amount to res judicata. OA is dismissed being barred both by res judicata and not on merits. No costs.