^^ HIGH COURT OF CHHATTISGARH AT BSLASPUR DIVSSION BENCH CORAM: HON'BLE SHRi RAJEEVGUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. W.P.ISVNo. 447 of 2009 PETJTIONER Versus c RESPONDENTS 1. 2. 3. 4. 5. B. Shlv Prasad Son of Late Shri B. Shriram, aged about 25 years, Resident of indra Nagar, Near Raiiway Hospjtal, Ward No.4, Dongaragh, Distt Rajnandgaon (CG) Union of India, Through The Secretary, Ministry of Railways, Rail Bhawan, New Deihi. The Divisional Railway Manager (P), S.E.C.R. Nagpur (Maharashtra) The Senior Divislona! Personnel Officer, S.E.C.R. Nagpur (Maharashtra) The Divisional' Personne! Officer, S.E.C.R. Nagpur(Maharashtra) The General Manager S.E.C.R. Bilaspur (CG) WRIT PETITION UNDER ARTICLE OF THE CONSTITUTION OF !NDIA Present: Shri VK Pandey, learned counsel for the petitjoner. Shri Saurabh Dangi, learned counsel on behaif of Shri Amit Choudhary, learned Standing Counsei for the respondents. .ORDER >rd (23ra January, 2009) Ths fojiowing order of the Court was passed by Rajeev Gupta, C.J. 1 33 .4; Learned counsej for the parties are heard on admission. 2) Petitioner - B. Shiv Prasad has filed this writ petition against the order dated 05.12.2008, passed by Jabatpur Bench (Camp at Bilaspur) of the Central Administrative Tribuna! in OrigEnalAppiicatJonNo.762/2008. 3) In the OrigiRai Application filed by the petitioner before the Centrai Adminjstrativs Tribunal, rejection of the petitioner's applicatlon for compassionate appointment was chalSenged. 4) Petitioner's father B. ShrEram took voluntary retsrement on medica! grounds with effect from 15.12.1998 and died on 01.10.2005. Petitioner's father after hls retlrement submitted an application seeking compassionate appointment to his eider son (petitloner's eider brother) which was rejected on the ground that the certiflcate submitted along with the application certifying that the petitioner's elder brother has passed 8th class was fake and forged. Petitioner's father thereafter fifed another appiication seeklng compassionate appointment of hls younger son i.e. the present petitioner B. Shiv Prasad. The said request too was turned down by the authorities on the ground that providlng compassionate appointment in the present case would amount to encouraging unhealthy practlce of submitting forged and fake papers in support ofthe claim for compassionate appointment. 5) The Centra! Administrative Tribunal taking note of the above mentioned broad features of the case and consldering that ^\ a the family of the deceased Govt. servant survived for a substantial period after the retirement and death of the Government servant did not find any case warrantinga direction for compassionate appolntment of the petitioner In view of the dictum of Apex Court in the case of State of J & K vs. Sajad Ahmed Mir, reported En 2006 SCC (L&S) 1195. 6) Shri V.K. Pandey, iearned counseE for the petitioner vehemently arguedthat the respondents and the Tribuna! have erred in denying compassionate appointment to the petitloner on the ground of act of forgery said to have been commltted by the petitioner's father and elder brother. 7) Be that as it may, the fact remains that the family of the deceasedGovemment servant has survived fora substantiai period after his voluntary retlrement and death. In this view of the matter, we do not find any fault in the approach of the Central Adminlstrative Tribunal in dismissing the petitioner's original application. 8) The writ petition, therefore, is IIable to be dismissed and is hereby dismissed summarily. subbu Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge