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SUJIT NARAYAN PRASAD, SANJAY PRASAD
Sidheshwar Nath Nirala, son of Shri Raja Prasad – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. This writ petition is under Article 226 of the Constitution of India for quashing of the order dated 19.09.2019 passed by the Central Administrative Tribunal, Circuit Bench, Ranchi in contempt proceeding being case No. CP/051/00046/19 whereby and whereunder the contempt proceeding initiated against the respondents has been dropped.
2. The brief facts of the case as per the pleadings made in the writ petition, which are required to be enumerated, read hereunder as:-
It is the case of the petitioner that on 21.10.1965, the father of the petitioner joined on the post of Lower Division Clerk (LD C) in Spl. Circle of Income Tax Department at Patna. Upon transfer, in the year 1978, the father of the Petitioner joined in the office of Assistant Commissioner of Income Tax IT Circle-I, Ranchi.
3. On 31.10.1996, the father of the petitioner made an application for his voluntary retirement on medical ground under the provisions of Rule-38 of the Central Civil Services Pension Rules, 1972.
4. By letter No 9376 dated 23.12.1996, the Income Tax Officer, Head Quarters, Ranchi requested the Civil Surgeon-cum-Chief Medical Officer, Ranchi to constitute a Medical Boa
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Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
Authorities must advise disabled employees seeking medical VRS of continuation options under disability laws before acceptance; failure entitles dependents to compassionate appointment consideration ....
The rejection of a compassionate appointment must be fair, reasonable, and based on relevant considerations, and cannot be based on flimsy or illegal grounds.
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