The main legal point established in the judgment is the eligibility criteria for compassionate appointment, emphasizing the importance of timely application and the financial circumstances of the family.

Mrs. Justice Bakhshish Kaur, Chairman. - Sh. Chet Ram on his appointment as Conductor was deputed or training of Conduct or w.e.f February 24, 1981 by the Assistant Manager Rampur Bushahar vide order dated February 24,1981 as per Annexure P-1. While he was undergoing training on Bus No. HPS 7697, unfortunately, he met with a fatal accident on February 20, 1981

2. Sh. Ramesh Thakur s/o Sh. Chet Ram was only seven days old when his father died. Thus, on attaining age of may ......he applied for appointment on compassionate grounds. But his request was declined, therefore, he alongwith his mother Smt Kanta Devi have filed this Original Application under Section 19 of the Administrative Tribunals Act 1985 claiming following reliefs:- ("i) That the impugned order dated July 24, 2003, Annexure P-14 may kindly be quashed and set-aside. (ii) that the respondent be directed to give appointment to the applicant No.1 or 2 on compassionate ground forthwith in a suitable job vacancy; (iii) That the respondent be directed to pay to the applicants exempolary damages alongwrth the cost of this petition as may be quantified by this Honble Court (iv) That the respondents be directed to produce the entire record pertaining to this case for the perusal of this Tribunal and (v) Any other order which this Honble Court may deem fit in the facts aid circumstances of the case may kindly be passed in favour of the applicants and against the respondents".

3. The respondents have admitted the death of Sh. Chet Ram as well as the rejection, of the representation filed by the applicant for appointment on compassionate grounds. though, it is averred that Sh. Chet Ram was not appointed as Conductor but it is equally admitted that Sh. Chet Ram father of the applicant and husband of applicant No.2 was selected as Conductor in H.R.T.C. He was undergoing pre-engagement training as Conductor from February 24, 1981 to March 2, 1981. He remained on training for only four days With H.R.T.C. Hence, the applicants are not entitled to appointment on compassionate grounds because the family has been able to subset during this long period of 19 years after the death of Sh. Chet Ram. It is not a fit case for the grant of appointment on compassionate grounds.

4. We have heard Sh. D.K. Khanna, the learned counsel for the applicant and Sh. Naresh Sharma, the learned counsel for the respondents.

5. The case of the applicant is that Sh. Chet Ram had died while he was undergoing training as a Conductor. He was appointed as a Conductor as per Certificate (Annexure P-1) issued by the Assistant Manager, HRTC, Rampur Bushahar which is as under- “Sh. Chet Ram S/o Sh. Jeet Ram, Conductor is hereby deputed for training of conductor w.e.f. 24.2.1981 2.3.1981."

6. Unless Sh. Chet Ram was appointed as a Conductor, he could not be sent for training of Conductor for a specific period It is a admitted fact that on the fateful day, he was on training on Bus No. HPS 7697 which met with an accident on February 28,1981 as averred in para -6(h) of the Original Application. In reply to this para, it is mentioned that the contents of this para are admitted. Thus, the objection raised on behalf of the respondents that Sh. Chet Ram was not appointed as a Conductor is devoid of merit because the party is bound by the admission made by it Unless it is withdrawn that being not the case. Rather it is averred that under para 6{i) that the father of the applicant was selected as a Conductor in HRTC and he was undergoing training as Conductor, therefore, this argument that Sh. Chet Ram was not their employee, is not available with to them.

7. On the question of offering the appointment to the applicant on compassionate grounds, the following acts need to be considered- Out of two applicants, if at all, anyone is entitled for appointment on the aforesaid terms, it is Ramesh Thakur the applicant No. 1 who was minor at the time of his fathers death whereas Smt Kanta Devi w/o Shri Chet Ram is certainly no