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CENTRAL ADMINISTRATIVE TRIBUNAL

LUCKNOW BENCH

Original Application No. 332/00493/2015

This, the 05^th day of February, 2026

HON’BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J),

HON’BLE MR. PANKAJ KUMAR, MEMBER (A)

Hari Prakash Dubey, aged about 46 years, son of late Sri

O.P. Dubey, resident of B-12, Sector-H, Alignaj, Lucknow.

..Applicant

By Advocate: Shri Deepak Shukla

VERSUS

1. Union of India through Secretary, Ministry of Defence,

New Delhi.

2. The Director General (Pers), Military Engineer Servces,

Engineer-in-Chief’s Branch, Integrated HQ of MoD Army),

Kashmir House, Rajaji Marg, New Delhi.

3. The Chief Engineer, (HQ), Chief Engineer Central

Command, Lucknow.

…..Respondents

By Advocate: Ms. Prayagmati Gupta

O R D E R

PER HON’BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J)

Heard learned counsel for the applicant, learned counsel

for the respondents and perused the records.

2. Through this Original Application, applicant has prayed

for the following relief (s):

“a. to issue / pass of any order or direction quashing the impugned

rejection order dated 11/06/2015 (Annexure No. A-1 to the O.A.)

and a direction to be issued to the respondents to modify the

appointment letter dated 07/04/2012 and appoint the applicant

on the Post of JE (Civil) from the date applicant was selected for

the post of JE (Civil) (i.e. 2001) with relevant service benefits

and will all consequential benefits.

b. to issue / pass any other order or direction to the respondents

as this Hon’ble Tribunal considers appropriate, in the

circumstances of the case; and to

c. allow this Original Application with costs in favour of the

applicant, in the interest of justice, equity and fair play.”

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3. Tersely put, the case of the applicant is that applicant was

appointed on compassionate ground in the Respondent

Department in Group-C post. Applicant has claimed the

appointment on the post of J.E. (Civil), which is Group ‘B’ post.

4. Applicant preferred O.A. No. 62 of 2006 before this

Tribunal, which was disposed of with the following operative

order:

“7. If I test the case of the applicant on the touch stone of

the above mentioned principles, there is no option left for me as

a judge except to set aside the impugned orders dated

22.11.2005 and 14.1.2006. I order accordingly. OA No. 62 of

2006 is allowed. In consequence, thereof, respondents are

hereby directed to re-consider the case of the applicant for

appointment on compassionate ground as per assessments made

by the Boards, which were duly constituted for the purpose on

30.6.2001 and 15.7.2003. The entire exercise should be

completed within a period of 3 months from the date of receipt

of a certified copy of this order. Parties to bear their own cost.

5. Being aggrieved by the aforesaid order, respondents have

preferred writ before the Hon’ble High Court.

6. In Writ Petition No. 64 (S/B) of 2012 [ Union of India

Throu. Secy. Ministry of Defence And Ors. vs. Central

Administrative Tribunal Lko. And Another] on 24.01.2012, the

Hon’ble High Court passed the following order:-

“We have heard learned counsel for the parties and perused the

pleadings of writ petition.

At the very outset, learned counsel for the respondents on

instructions, submitted that the private respondent no. 2 is

ready to accept Group-C post.

Thus, as per consensus, now nothing would survive in this writ

petition, hence, it is disposed of accordingly.”

7. On the basis of aforecited order of the Hon’ble High Court,

we are of the considered opinion that the case of the applicant

with regard to appointment on the post of J.E. (Civil) has been

disposed of finally by the Hon’ble High Court. Applicant is not

entitled to any relief and OA deserves to be dismissed.

8. In the matter of The Director Of Town Panchayat & Ors.

Versus M. Jayabal & Anr. Etc (and connected case) reported in

2025 LiveLaw (SC) 1203, the Hon’ble Supreme Court has held

that a person who has accepted a compassionate appointment

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cannot subsequently seek elevation by claiming that they ought

to have been appointed to a high