Union of India vs Umesh Kumar - 2023 Supreme(Del) 2579

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2579

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India – Appellant
Versus
Umesh Kumar – Respondent

Advocates appeared:
Mr. Jaswinder Singh, Advocate, for the Petitioner.
Ms. Rhea Verma and Mr. Rajul Jain, Advocates, for the Respondent.

JUDGMENT

V. Kameswar Rao, J.

1. The challenge in this writ petition filed by the petitioners Union of India and Ors. is to the impugned orders dated May 23, 2017 and August 21, 2017 passed in OA 367/2017 and in RA 186/2017 by the Central Administrative, Principal Bench, New Delhi ('Tribunal', for short).

2. Vide order dated May 23, 2017, the Tribunal has allowed the Original Application filed by the respondent and directed the petitioners herein to act on the recommendations made by the Board of Officers in September 2009 and grant compassionate appointment to the respondent against the post of Safaiwala/Mazdoor/Chowkidar within three months.

3. Vide order dated August 21, 2017, the Tribunal dismissed the Review Application filed by the petitioners herein.

4. The claim of the respondent before the Tribunal was for grant of compassionate appointment which was rejected by the petitioners vide order dated August 29, 2012.

5. The facts as noted from the record are, the respondent is the son of Late Bishan Lal, Safaiwala, who died on February 26, 2008 while in service of petitioner No. 4. The request of the respondent was considered by the Board of Officers as constituted by the res