2024 Supreme(Online)(CAT) 1457
O.A. No. 1419/2023.
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1419/2023
This the 13th day of March, 2024.
Hon’ble Dr. Anand S Khati, Member (A).
Dinesh Sharma s/o Late Sh. Pramod Kumar (Ex Asst.
Ctg), age about 38 years, HNo. 415, Old Vijay Nagar,
Sector-9, Gaziabad-UP-201009.
…Applicant
(By Advocate: Mr. B.C. Nagar with Mr. H.K. Bajpai)
Versus
1. Union of India, through the General Manager,
Northern Railway, Baroda House, New Delhi-110001.
2. Dy. Chief Personnel Officer, Northern Railway,
Baroda House, New Delhi-110001.
...Respondents
(By Advocate: Mr. Anmol Pandita)
ORDER
In the instant OA, the applicant is seeking compassionate appointment. After the death of his father on 17.03.2021, the applicant was given offer of appointment. However, the O.A. No. 1419/2023. respondents had some doubt about the genuineness of the certificate of the applicant, issued by Delhi State Open School, which as per the certificate has Council Board of School Education (COBSE) recognization and also has MHRD recognization. However, the respondents thought it appropriate to get it verified and wrote to The Controller of Examination, Delhi State Open School on
06.07.2022, to verify the genuineness of the certificate and mark sheet. The respondents received the reply on 20.07.2022, wherein the Delhi State Open School clarified that the candidate (applicant) had appeared in the Senior Secondary (12th) examination from the Delhi State Open School and was declared passed.
2. Learned counsel for the respondents has drawn my attention to the letter dated 12.09.2022 issued by Department of School Education and Literacy on the subject recognition of Delhi State Open School (An O.A. No. 1419/2023. Autonomous institution Under Act), wherein the department has clarified that the Department of School Education & Literacy neither regulates setting up of Education Boards nor does it give recognition to Education Boards. The letter further states that the Education Boards in the States/UTs are to be set up or recognized by the concerned State/UT in terms of their Act, Regulations, instructions, etc.
3. The learned counsel for the applicant argues that the respondents are wilfully delaying the appointment of the applicant and since the certificate of the applicant has been verified, the applicant deserves to be appointed without any further delay. He further states that the family of the applicant is in distress and the applicant is in dire need of a job to support his family.
4. Learned counsel for the applicant further states that it is in public domain that this board and the school are duly recognized and the O.A. No. 1419/2023. respondents may be directed to approach the Education Authority in the State Government and seek clarification within four weeks from the date of receipt of this order and take appropriate call on compassi0nate appointment of the applicant within four weeks thereafter.
5. Considering the background of the case, the arguments advanced by the learned counsels for the respective parties and the request of the learned counsel for the applicant, I deem it appropriate to direct the respondents to take appropriate decision on the compassionate appointment of the applicant within two months from the date of receipt of a certified copy of this order.
6. With these directions, the OA stands disposed of with no order as to costs.
7. It is made clear that I have not gone into the merits of the case. (Dr. Anand S. Khati) (Member A) O.A. No. 1419/2023. /abhay/