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2018 Supreme(Chh) 540

THOTTATHIL B.RADHAKRISHNAN, PARTH PRATEEM SAHU
M. Satyam S/o Shri M. N. B. Rao – Appellant
Versus
Union of India, Through the General Manager, S. E. C. Railway – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri B.P. Rao, Advocate
For the Respondent:Shri Abhishek Sinha, Advocate

JUDGMENT :

THOTTATHIL B. RADHAKRISHNAN, J.

1. This is an application under Article 227 of the Constitution of India challenging an order rendered by the Central Administrative Tribunal, Jabalpur Bench, Circuit Bench at Bilaspur; hereinafter referred to as the 'Tribunal'.

2. Heard learned counsel for the Petitioner and the learned counsel for the Respondents-Railway.

3. M.N.B. Rao, who was a loco driver, was decategorised on 11.07.2000 as medically unfit to continue as a loco driver. He was offered alternate employment as a junior clerk, as could have been given having regard to his health status. He refused to accept it. Thereafter, he opted for voluntary retirement on 27.07.2000. The Petitioner is his son. He was a minor when his father opted for voluntary retirement. He is stated to have attained majority on 15.10.2004 i.e. more than 04 years after his father's decategorisation and refusal to accept alternate employment that was offered by the Railways. Petitioner's father M.N.B. Rao thereafter applied for compassionate appointment of his son, the Petitioner. That was not acceded by the establishment. The challenge levied by the Petitioner before the Tribunal failed. Hence, this Peti









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