(Reserved on 05.02.2026)

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD Original Application No. 1357 of 2012 Pronounced on 17^th day of February, 2026 Hon’ble Mr. Justice Rajiv Joshi, Member(Judicial)

Awaneesh Kumar Srivastava, S/o late H.S. Srivastava, R/o 359, B-1 Lavkush Colony, Himmatganj, Allahabad PUNIT KUMAR . . .Applicant MISHRA By Advocate : Shri Umesh Chandra Tripathi V E R S U S

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

2. Principal controller of Defence Accounts (Pension) Allahabad

3. Deputy Controller of Defence Accounts (Administration) Office of Principal Controller of Defence Accounts (Pension), Allahabad . . .Respondents By Advocate: Shri Subash Chandra Mishra

O R D E R

Heard Shri Umesh Chandra Tripathi, learned counsel for the applicant and Shri Subash Chandra Mishra, learned counsel for the respondents at the time of hearing.

2. This Original Application is filed under section 19 of the Administrative Tribunal Act, 1985, seeking on the following reliefs:-

8 (i) to issue order or direction in the nature of certiorari and the order dated 20.07.2006 passed by the respondent be quashed.

(ii) to issue order or direction in the nature of mandamus commanding /directing the respondents to give the applicant compassionate appointment in accordance with rules within time as may be allowed by this Hon’ble Court.

(iii) to grant any other order or direction as this learned Tribunal may deem fit and proper in the circumstances of the case beside costs and expenses of the original Application.

3. The brief facts of the case are that father of the applicant died in harness on 05.01.2001, leaving behind his widow, five daughters and a son i.e. the applicant. After the death of the father of the applicant, the mother of the applicant submitted an application on 15.01.2001 before Respondents for compassionate appointment in favour of the applicant, but the same was rejected vide order dated 26.06.2003.

3.1 Against the order dated 26.06.2003, the applicant filed an PUNIT KUMAR MISHRA original application No.124/2004 before the CAT Lucknow Bench, which was disposed of vide order dated 19.05.2006, by quashing the order dated 26.06.2003 with a direction upon the respondents to place the matter for reconsideration of the Board Committee in its next Meeting and the respondents will pass suitable orders thereafter as expeditiously as possible.

3.2 In compliance of the aforesaid order, the case of the applicant for appointment on compassionate ground has been re- considered by the respondents, but the claim of the applicant was rejected vide order dated 20.07.2006 on the ground that there was no vacancy available in the Department meant for appointment on compassionate ground, within a maximum period of three years. The order dated 20.07.2006 is impugned in this Original Application.

4. On the other hand, the Respondents have filed counter affidavit on 05.08.2025, wherein it is stated that the case of the applicant for compassionate appointment was processed as per the provisions of para 12(c) of DoPT OM dated 09.10.1998 and 03.12.1999 and in terms of Guidelines as contained in Ministry of Defence dated 09.03.2001, but the same was rejected as there was no vacancy under compassionate appointment quota vide order dated 26.06.2003, which was quashed by the CAT Lucknow Bench vide order dated 19.05.2006 in O.A. No.124/2004. Thereafter, the case of the applicant was reconsidered, but the same was rejected vide speaking order dated 20.07.2006. There is no illegality or infirmity in the impugned order. The original application has been filed after lapse of six years as the impugned was passed in 2006 and this Original Application has been filed 2012 and as such, this original application is liable to be dismissed PUNIT on the ground of delay itself.

KUMAR MISHRA

5. Rejoinder Affidavit was also filed by the applicant on 18.09.2025, reiterating the same averments as made in the Original Application.

6. Learned counsel for