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2012 Supreme(SC) 850

B.S.CHAUHAN, JAGDISH SINGH KHEHAR
CHIEF COMMISSIONER, CENTRAL EXCISE AND CUSTOMS, LUCKNOW – Appellant
Versus
PRABHAT SINGH – Respondent


ORDER

Jagdish Singh Khehar, J.-Leave granted.

2. Vijay Bahadur Singh, who was working as a sepoy in the Central Excise and Customs Department and was posted in the Customs Division at Varanasi, died in harness on 2.3.1996. His son Prabhat Singh applied for appointment on compassionate ground. It seems, that he could not be appointed as such, because there was no vacancy available to accommodate him. His application therefore remained pending.

3. Having waited long enough, Prabhat Singh filed Original Application no. 1459 of 2005 before the Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as the “CAT-Allahabad Bench”). In his Original Application, Prabhat Singh prayed for a direction to the respondents to appoint him on compassionate grounds, since his father Vijay Bahadur Singh had died in harness. The CAT-Allahabad Bench disposed of the application filed by Prabhat Singh on 8.12.2005 with a direction to the Commissioner, Central Excise, Allahabad to take a decision on the representation filed by Prabhat Singh seeking appointment on compassionate ground within three months.

4. In compliance with the directions issued by the CAT-Allahabad Bench

















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