IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 16062 of 2005(S) -------------------------- PETITIONER: ------------ K.B. SARITHA, D/O. LATE K.RAMACHANDRAN PILLAI, THRIPTHI NILAYAM, VENDAR P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------- 1. THE COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, P.B.NO.3069, I.S. PRESS ROAD, COCHIN-18. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CENTRAL EXCISE & CUSTOMS, NEW DELHI. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY,MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI. 4. CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, REPRESENTED BY ITS REGISTRAR. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF REPRESENTATION DT. JANUARY, 2003 SUBMITTED BY THE PETITIONER TO R1. P2: .DO. DT.16.9.2004 SUBMITTED BY PETITIONER TO R1. P3: TRUE COPY OF LETTER DT.21.9.2004 BY R1. P4: TRUE COPY OF LETTER DT.22.9.2004 BY R1. P5: TRUE COPY OF ORDER IN O.A. 873/04 OF CAT ERNAKULAM BRANCH. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... W.P.(C) No.16062 of 2005 .................................................................... Dated this the 9th day of April, 2008. JUDGMENT C.N.Ramachandran Nair, J. The petitioner is challenging Ext.P5 order of the CAT declining to issue direction to the first respondent to appoint the petitioner on compassionate ground. We have heard counsel appearing for the petitioner and the Assistant Solicitor General appearing for the respondents. It is reported that on the death of petitioner's father, petitioner applied for compassionate appointment on 25.1.2001. In the priority list prepared for appointment on compassionate ground, petitioner stood as 20 on 5.2.2003. The petitioner's position came down to 18 in 2004. In fact the Rules provide for filling up of 5% of the vacancies from out of the candidates in the list prepared for appointment on compassionate grounds. The petitioner's claim is already over as the claim remains valid only for three years. Consequently the Tribunal rightly declined to entertain petitioner's claim. We, therefore, dismiss the W.P. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge