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2023 Supreme(J&K) 225

TASHI RABSTAN, RAHUL BHARTI
Ramesh Kumar, S/o. Late Sh. Roop Chand – Appellant
Versus
Union of India through Secretary Ministry of Defense, Government of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.S. Puri.
For the Respondents: Mr. Raghubir Singh, Mr. Atul Sharma.

JUDGMENT :

(Tashi Rabstan, J.) :

1. A Judgment dated 17.09.2010, came to be passed by the learned Central Administrative Tribunal (CAT), Chandigarh Bench in TA 109/JK/2010 (SWP No.2784/2002) thereby dismissing the petition filed by the petitioner for seeking appointment on compassionate ground, is impugned in the present writ petition.

2. The petitioner assails the impugned judgment dated 17.09.2010, inter alia, on the following grounds:

    1. That the respondents had not assessed the merit of petitioner correctly.

2. That a bare perusal of the compassionate appointment scheme would show that no provision has been made for allotting some marks on account of permanent disablement of the members of the deceased family. In these circumstances it cannot be said that the criteria for assessing the merit of the candidate was exhaustive.

3. That the Hon’ble Supreme Court has held that whenever the claim of the petitioner regarding compassionate appointment is delayed the claimant cannot be allowed to suffer and his case cannot be rejected on the ground of delay or latches which is not attributable to the claimant. This aspect of the case has not been considered by the Tribunal, as such the o

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