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Sitaram Sah Vs. Union of India (Uoi) and ors. - Court Judgment

SooperKanoon Citation
Subject;Service
CourtPatna High Court
Decided On
Case NumberC.W.J.C. No. 11850 of 1999
Judge
ActsService Law
AppellantSitaram Sah
RespondentUnion of India (Uoi) and ors.
Appellant AdvocateR.K. Jha, Adv.
Respondent AdvocateR.K. Shahi, Sr. SCCG
DispositionPetition dismissed
Excerpt:
service laws - appointment--compassionate appointment of son--on the ground of disablement of employee caused in accident during the course of employment with railway administration--same was declined by tribunal--since the applicant had been paid full compensation and he was permitted to be in employment until his retirement and was also paid retirement dues--held, no appointment of his son could be claimed on compassionate ground on such disability. - .....accident, the applicant had been paid full compensation. notwithstanding the disability the railways has placed on the record that it permitted the applicant to be in employment until his retirement and was also paid retirement dues.in these circumstances, this court is of the opinion that the tribunal has committed no error.dismissed.
Judgment:

Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This petition has been filed to challenge the order dated 7th September, 1999 of the Central Administrative Tribunal, Patna Bench, Patna on a claim registered as O.A. No. 353 of 1998 : Sri Sitaram Sah v. Union of India and Ors., (Annexure-13).

2. The contention of behalf of the petitioner before the tribunal was to the effect that if ought to make out a direction for appointment of his son on the ground of compassionate appointment for the reason that he was disabled because of an accident during the course of his employment with the railways administration. After a reply was filed by the railways and regard being had to the totality of the circumstance, the tribunal declined to give such a direction.

3. The contention of the railways was that for the disability, which was caused because of an accident, the applicant had been paid full compensation. Notwithstanding the disability the railways has placed on the record that it permitted the applicant to be in employment until his retirement and was also paid retirement dues.

In these circumstances, this Court is of the opinion that the tribunal has committed no error.

Dismissed.


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