IN THE HIGH COURT OF JUDICATURE AT PATNA --- CWJC No.11176 of 2005 --- 1.SUKAN S/O LATE RAM LAL, EX-GANGMAN/KEYMAN UNDER P.W.I.E.C., RAILWAY, DANAPUR 2.BAIJNATH RAI S/O SRI SUKAN, PERMANENT RESIDENT OF VILLAGE – KONITOLA P.S. BIHTA, DISTRICT – PATNA ---PETITIONERS -Versus- 1.THE UNION OF INDIA THROUGH THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR, DISTRICT – VAISHALI, BIHAR 2.THE DIVISIONAL RAILWAY MANAGER, E.C.RLY., DANAPUR, PATNA, BIHAR 3.THE SR. D.P.O., O/O – DRM.E.C.RLY, DANAPUR, PATNA. 4.THE SR. DIVISIONAL ENGINEER (CO-ORDINATION), EC RAILWAY, DANAPUR, PATNA, BIHAR. 5.SECTION ENGINEER (LINE) E.C.RLY, DANAPUR, PATNA, BIHAR 6. THE CENTRAL ADMINISTRATIVE TRIBUNAL THROUGH ITS REGISTRAR, PATNA BENCH, PATNA. ----- RESPONDENTS ----------- For the petitioners: Mr.Rajesh Kumar Mr.Sanjay Prasad, Advocates For the respondents : Mr. Bhupendra Narain Yadav, Advocate --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 25th September, 2008 In the month of October, 2002 Sukan (petitioner no.1) was to retire. However, somewhere in the month of October, 2001, he was found medically unfit to discharge the duties of the Gangman/ Keyman. He was sent communication by the Medical 2 Superintendent, Danapur that he was found unfit in category A2, B1 and B2 but fit in category C1 (Coy one) . He was informed that if he desired, he could prefer an appeal from the decision of Medical Superintendent, to the Chief Medical Director, E. Rly., Calcutta within seven days of communication thereof. He did not file any appeal. Upon de-categorization, when the process for providing him alternative employment in medical category C1 (Coy one) was on, the petitioner made an application that he may be permitted to retire voluntarily from service. The application was accepted and he was voluntarily retired. In the month of October, 2001, he made an application that his son be given appointment on compassionate ground, which came to be rejected by an order dated 20th December, 2004. He and his son preferred an original application before the Central Administrative Tribunal without any success and hence the present writ petition. 2. In the backdrop of the facts that we have noticed above, the tribunal considered the matter thus: “The law on compassionate appointment is well settled by now by the Hon’ble Supreme Court that compassionate appointment can neither be sought as a matter of right nor as a line of succession. In the instant case, the applicant no.1 was declared medically unfit in medical category of A2, B1, and B2, but he was found fit in medical category C1-C2 by medical Superintendent, Danapur. In view of the medical report, the efforts were being made to provide alternative job to the applicant no.1, in the meantime, he submitted an application for voluntary retirement, which was accepted by the respondents. The most important aspect is that the applicant no.1 voluntarily retired after de-categorization from the post of Keyman at 3 the age of 59 years 1 month and 7 days. In normal course he would have retired after another 11 months. Therefore, it is not a case where the applicant no.1 declared medically unfit at young age and his family is in destitute condition or in indigent condition.” 3. Consideration of the matter by the Tribunal does not suffer from any legal flaw justifying interference by us. 4. Writ petition is dismissed in limine. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/