Central Administrative Tribunal - Chandigarh
Arun Bansal vs Union Of India Through Its Secretary on 14 October, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
(ORDER RESERVED ON 07.10.2016)
Date of filing: 03.10.2016
OA No.060/00936/2016 Date of decision: 14.10.2016
CORAM: HONBLE MR. JUSTICE L.N. MITTAL, MEMBER (J)
HONBLE MRS. RAJWANT SANDHU, MEMBER (A)
1. Arun Bansal, aged 34 years,
2. Varun Bansal, aged 25 years,
Both S/o late Sh. Raj Kumar Bansal, resident of House no.27, Bharat Nagar, Bathinda (Pb.).
APPLICANTS
Present: Applicant no.1 in person.
VERSUS
1. Union of India through its Secretary, Ministry of Personnel, Public Grievances and Pensions, (Department of Personnel & Training), North Block, New Delhi under Government of India.
2. Union of India through its Secretary, Ministry of Communications & It, (Department of Posts), Sanchar Bhawan 20, Ashoka Road, New Delhi 110001, Government of India.
3. The Commissioner, KVS (HQRS), 18th Institutional Area Shaheed Jeet Singh Marg, New Delhi.
4. Sh. Nilesh Kumar Langote S/o Late Sh. A.K. Langote, Ex-Lab Attd., K.V. BMY Bhilai.
5. Smt. Sarla Meena W/o Late Sh. Sunil Kumar, Ex-PRT, KV Jhunjhunu.
6. Reena Kushwah W/o Late Sh. Ishwar Singh Khushwah, Ex-PRT, KV, Ujjain.
7. Smt. Vijay Singh W/o Late Shri Dhirender Singh, Ex-Sub-Staff, KV NTPC Dibiyapur.
8. Smt. Harmeet Kaur W/o Late Sh. Joginder Singh, Ex-PGT (AE), KV, Baddowal.
9. Smt. Jigna Barot W/o Late Sh. Viral A. Barot, Ex-PRT (Music), KV Samana.
10. Smt. Kamla Devi W/o Late Sh. Sohan Lal, Ex-Gr. D, KV Sec-31, Chandigarh.
11. Smt. Shahnaz W/o Late Asif Ali Saiyyed, Ex-Drawing Teacher, KV BMY, Bhilai.
12. Smt. Pratima Mandal W/o Late Sh. Arun Mandal, Ex-Lab Attendant, KV, Malda.
13. Sh. Laxman Singh S/o Late Sh. Kundal Lal, Ex-Gr-D, KV No.1, AFS Agra.
14. Smt. A. Uma Devi W/o Late Sh. Lakshminarayana, Ex-Sub Staff, KV IISC Banglore.
15. Sh. Rakum Boro S/o Late Sh. Upen Chandra Boro, Ex-Sub Staff, KV, Borjhan.
16. Smt. Sangeeta Sahay W/o Late Sh. Arvind Kumar, Ex-PRT, KV Keshavpuram.
17. Sh. Pushpender Kumar S/o Late Sh. Laxman Mehra, Ex-Sub Staff, KV Vasant Kunj.
18. Smt. Mamta Ramswaroop Mohabiya W/o Late Sh. Ramswaroop Mohabiya, Ex-LDC, KV of Chanda
19. Smt. Sangeeta Shankar Samudre W/o Late Sh. Shanker Jairam Samudre, Ex-PRT, KV Vayu Sena Station, Devlali Nasik.
20. Sh. Tarun Kumar S/o Late Sh. Anil Kumar, Ex-Sub Staff, KV no.1, Ajmer.
21. Sh. Desh Deepak S/o Late Sh. Phoolchand, Ex-UDC, KV Moradabad.
22. Smt. T. Geetha W/o Late Sh. N. Thiyagarajan, Ex-UDC, KV DGQA Chennai.
23. Smt. H. Jyothi Kumara W/o Late Sh. H. Yohan, Ex-PGT (ENG) KV Bolarum.
24. Smt. Vaibhavi Vasudeo Bhogle W/o Late Sh. Ex-Sub Staff, KV Bhandup.
25. Smt. K. Sunitha W/o Late Sh. N. Chandrasekharan Kani, Ex-Lab Attendant KV KFS Akkulam Trivandrum.
26. Miss Shilpa Kumara D/o Late Sh. Shashi Bhushan Singh, Ex-Sub Staff, KV Bhurkunda.
27. Smt. Harmalatha KT W/o Late Sh. P.K. Dharmarajan, Ex-Sub Staff, KV Port Trust Kochi.
28. Sh. Lakshyadhar Das S/o Late Sh. Anna Ram, Ex-UDC, KV no.2 Tezpur.
29. Smt. Priyanka Meena W/o Late Dr. R.P. Meena, PRT, KV BSF Dabla.
30. Sh. Kishore M. Thakur S/o Late Sh. Mohan Baburao Thakur Ex-Lab Attendant, KV Umavi Nagar Jalgon.
31. Sh. Ashish Kumar S/o Late Sh. Shyam Kumar, Ex-Gr-D, KV Bulandshaher.
32. Sh. Ajay Pal S/o Late Sh. Nanhoo Lal, Ex-Sub Staff, KV AFS Bakhsika-Talab Lacknow.
33. Sh. Abhilash Kumar S/o Late Sh. Mahesh Kumar, Ex-Sub Staff, KV no.2 Gwalior.
34. Ms. Deepshikha Kumari D/o Late Sh. Yugal Kishore Shah, Ex-TGT (Sans.) KV Talbehat.
35. Smt. Bimla Devi W/o Late Sh. Shiv Chandra, Ex-UDC, KV No.2, Delhi Cantt.
36. Smt. Sheela Kotiyal W/o Late Sh. Sunil Kotiyal, Ex-UDC, KV Mussoorie.
37. Smt. Rita Dei W/o Late Sh. Parikha Ram, Ex-Sub Staff KV Chopan.
38. Smt. Asha Mishra W/o Late Sh. V.K. Mishra, Ex-Sub Staff, KV No.1 AFS Gorakhpur.
39. Smt. Kamla Rana W/o Late Sh. Pratap Singh Rana, Ex-Sub Staff KV No.2 Roorkee.
40. Smt. Annapurna Mishra W/o Late Sh. Manoj Kumar Mishra, Ex-PRT (Music) KV Naina Allahabad.
41. Smt. Puja Devi W/o Late Sh. Rajinder Mandal, Ex-Sub Staff, KV Katihar.
42. Smt. Jasvir Kaur W/o Late Sh. Gurjant Singh, Ex-Sub Staff KV No.1 Bathinda Cantt.
43. Smt. Nirmala Sonkar W/o Late Sh. M.P. Sonkar, Ex-PRT KV No.2 FCI Gorakhpur.
44. Smt. Arti Gupta W/o Late Sh. Jitendra Kumar, Ex-PRT KV Raebareilly.
45. Sh. Mandeep Kalair S/o Late Sh. Madan Lal, Ex-Gr-D, KV No.4 Jalandhar.
46. Ms. Supriya D/o Late Shanker Pingua, Ex-TGT (Hindi), KV Surda.
47. Sh. Bhushan Ashok S/o Late Sh. Ashok Shantaraman Jadhav, Ex-Sub Staff, KV AFS Devlali.
48. Smt. Meena Bhandari W/o Late Sh. K.S. Bhandari, Ex-TGT (Eng.).
49. Mrs. Promila Devi W/o Late Sh. Ved Prakash, Ex-PGT (Maths) KV Karnal.
50. Smt. Sudha Maurya W/o Late Sh. Subodh Kumar Ex-PRT KV Amhat, Sultanpur.
51. Sh. Shivrudra S/o Late Sh. Shanker, Ex-Gr-D KV Gulbarga.
52. Sh. Karthick K. S/o Late Sh. V. Kadhar, Ex-Gr-D, KV No.2, Cochin.
53. Sh. Ravi Kumar S/o Late Sh. Nanak Chand, Ex-Sub Staff, KV Pragati Vihar.
54. Sh. Deepak Halde S/o Late Sh. Ravindra Hiraman Halde, Ex-Gr-D Varangaon.
55. Sh. Gyaneshwar Patahe S/o Late Sh. Hariram Patahe, Ex-Lab Attendant KV Chatarpur.
56. Sh. Ranjeet Singh S/o Late Sh. Virendra Singh, Ex-Sub Staff KV AFS Jodhpur.
57. Sh. Abhishek Verma S/o Late Sh. Vinod Mitra, Ex-Sub Staff, KV Azamgarh.
58. Smt. Kalpana Pundir W/o Late Sh. Jai Singh Pundir, Ex-TGT (SST) KV FRI Dehradun.
59. Smt. Saroj Upadhayay W/o Late Sh. Kameshwar Nath Upadhayay, Ex-TGT KV Barrackpore.
60. Sh. Alok Shankar S/o Late Sh. Surendra Nath Kishore, Ex-PRT KV No.2 Gaya.
61. Smt. Ranjana Adhikari W/o Late Sh. Sushen Adhikari, Ex-Head Master KV Cochbehar.
62. Smt. Kusum A. Khare W/o Late Sh. A.B. Khare, Sub Staff, KV no.1 Devlali.
63. Smt. Balesh Devi W/o Late Sh. Ashok Kumar, Sub Staff, KV no.2 AFS Hindan.
64. Smt. Janaki W/o Late Sh. Mahesh Kumar Prajapati, Sub Staff KV Dhana.
65. Smt. Suchita Maiti W/o Late Sh. N.N. Maiti, Ex-LDC, KV NTPC Farrakah.
66. Smt. Savitri Devi W/o Late Sh. Om Kumar Tanwar, Ex-Sub Staff, KV Janakpuri.
67. Naresh Kumar S/o Late Ved Raj, Ex-Sub Staff, KV Sunjuwan.
68. Ms. Pooja Kumari D/o Late Sh. Dayal Raj, Ex-Sub Staff, KV Bailey Road, Patna.
69. Sh. Durgesh Kumar S/o Late Sh. Rajindra Singh, Ex-Sub Staff, KV, NFC Vigyan Vihar (2nd Shift).
70. Sh. Prakash P. Makwana S/o Late Sh. Popat Bhai, Ex-Sub Staff, KV BSF Dantiwada.
71. Sh. Ramesh Kumar S/o Late Sh. Girdhari Lal, Ex-Gr.D, KV Damana.
72. Ms. Aparna Kumari Yadav D/o Late Sh. Sns Yadav, Ex-PRT (Maths), KV Gazipur.
73. Smt. Santosh Kumari W/o Late Sh. Raj Kumar, Ex-Sub Staff, KV Dalhousie.
74. Smt. Kalpana Sharma W/o Late Sh. Sukumar Sharma, Ex-Sub Staff KV Nagaon.
75. Smt. Bharti Gupta W/o Late Sh. Sunil Prakash, Ex-PGT, KV no.2 AFS Hindon.
76. Smt. Poonam Pathak W/o Late Sh. V.K. Pathak, Ex-PGT, KV no.1 Armanpur Kanpur.
77. Smt. Shakuntala Shukla W/o Late Sh. Brajesh Kumar Shukla, Ex-TGT, KV no.1, Chakeri.
78. Smt. Dina A. Parmar W/o Late Sh. Anil Kumar Parmar, Ex-LDC, KV Ahmedabad Cantt.
79. Ms. Nikki D/o Late Sh. Banwari Lal, Ex-Gr-D, KV no.1, Gwalior.
80. Sh. Kushal S/o Late Sh. Mahender Singh, Ex-Gr-D, KV Vasant Kunj.
81. Sh. Vikas Kumar Raut S/o Late Sh. Ram Nivas, Ex-Sub Staff, AFS Bakshi KA Talab.
82. Mohit Kumar Kangra S/o Late Sh. Sewa Ram, Ex-Lab Attendant, KV Raiwala, Dehradun.
83. Sh. Amarnath S/o Late Sh. Mata Din, Ex-Gr-D, KV, ITI Mankapur, Gonda.
84. Ms. Anju D/o Late Sh. Surender Singh, Ex-Lab Attendant, KV Keshavpuram (2nd Shift).
85. Sh. Amit Kumar S/o Late Sh. D.N. Gautam, Ex-PRT, KV, Bhu.
86. Ms. Akansha Srivastva D/o Late Smt. S. Srivastva, Ex-Drawing Teacher, KV no.2, Delhi Cantt.
87. Smt. Randeep Kaur W/o Late Sh. JPS Dhami, PGT, KV CME, Pune.
88. Sh. Dipender Kumar Ray S/o Late Sh. Krishan Kumar Ray, Ex-Lab Attendant, KV, Hinnoo Ranchi.
89. Sh. Hitesh Kumar S/o Late Sh. Babu Lal, Ex-Gr-D, KV Mount Abu.
90. Smt. Sheela Mathur W/o Late Sh. Govind Lal Mathur, Ex-TGT KV no.2, AFS Jodhpur.
91. Smt. Mamta Mohanty W/o Late Sh. D.P. Patnaik, Ex-TGT, KV Keonjhar.
92. Sh. Hans Raj Bharti S/o Late Sh. Indra Raj Bharti, Ex-PGT, KV SECL Jamuna Colliery.
93. Smt. Sunita W/o Late Sh. Mahender Singh, Ex-PRT, KV No.1 AFS Campus Sector 14, Gurgaon.
94. Sh. G. Lalith Kumar S/o Late Sh. G. Sudhrashan, Ex-Sub Staff, KV (RO) Hyderabad.
95. Smt. Kavita Rani W/o Late Sh. Sushil Kumar Thakur, Ex-PRT, OFN Rajgir, Nalanda.
96. Sh. Vishal M. Balmiki S/o Late Sh. Mahendra Haricharan Balmiki, Ex-Sub Staff, KV No.1 Dehu Road.
97. Sh. Pankaj Kumar S/o Late Sh. Ram Prasad, Ex-Sub Staff, KV IFFCO, Bareilly.
98. Sh. Alok Kumar S/o Late Sh. Shiv Murti Pandey, Ex-Sub Staff, KV Bhel Jagdishpur.
99. Ms. P. Lakshmi D/o Late Sh. C. Pannerselvem, Ex-Lab Attendant, KV Ashok Nagar.
100. Sh. Roshan Kumar S/o Late Sh. Justin Munda, Ex-Lab Attendant, KV Dipatoli Ranchi.
101. Smt. Ram Pyari Verma W/o Late Sh. Sipahi Lal Verma, Ex-PGT, KV Upper Camp, Dehradun.
102. Sh. Bimal Kalian Kachhap S/o Late Sh. William Kachhap, Ex-Sub Staff, KV Dipatoli Ranchi.
103. Sh. Ujjwal Kumar S/o Late Sh. R.B. Mahto, Ex-PRT, KV Muzaffrabad.
104. Ms. K. Priya D/o Late Sh. D. Kumar, Sub Staff, KV Island Grounds.
105. Sh. Bijay Kumar Reang S/o Late Sh. Ratan Reang, Ex-Lab Attendant KV Karimganj.
106. Sh. Anil Kumar Jain S/o Late Sh. RC Jain, Ex-PGT, KV Neemuch.
107. MS. Mira Dusad D/o Late Sh. Sricharan Dusad, Ex-Gr-D, KV Khanapara.
108. Sh. Rahul Biswas S/o Late Sh. Haran Chandra Biswas, Ex-Assis., KV No.1, Isharpore.
109. Sh. Rajeev Arya S/o Late Sh. Prahlad Chand Arya, Ex-TGT, KV MG Manesar.
110. Ms. Sangh Prabha Samya D/o Late Sh. Sakhraj Ram, Ex-TGT, KV Rau Pusa (Samastipur).
111. Ms. Arpana Kumari Yadav D/o Late Sh. S.N.S. Yadav, Ex-TGT, KV Gazipur.
112. Sh. Vishar Kumar Sinha Brother of late Sh. Shankar Sharan Maltiyar, Ex-LDC, KV Ballygunge.
113. Mrs. Radhika W/o Late Sh. Sant Ram, Sub Staff, KV Uttarkashi.
114. Smt. G. Amala W/o Late Sh. G. Swami, Ex-TGT, K Gachibowli.
115. Sh. K.R.S. Narasimha Sastry S/o Late Sh. K. Hanumantha Rao, Ex-Yoga Teacher, KV Picket.
116. Smt. Ruchi Dubey W/o Late Sh. Niraj Kumar, Ex-PGT, KV Paschim Vihar.
117. Sh. Inderjeet S/o Late Sh. Jawahar, Ex-Sub Staff, KV Palwal.
118. Sh. J. Sidharth S/o Late Sh. S. Jeevagan, Ex-Sub Staff, KV MEG & Centre Banglore.
119. Ms. Fareha Zubair D/o Late Sh. Zubair Ahmed, Ex-PET, KV no.1 Armapur Kanpur (2nd Shift).
120. Smt. Renu Singh W/o Late Sh. Narender Singh, Ex-PRT, KV Amhat Sultanpur.
121. Smt. Anuradha Raikwar W/o Late Sh. Raikwar, Ex. Lab Attendant, KV Mandsour.
122. Sh. Vatsal Bhati S/o Late Sh. KRS Bhati, Ex-PRT, KV no.1 Kota.
123. Sh. Harish Chandra S/o Late Sh. Dal Chand, Ex-Gr-D, KV IFFCO, Aonla, Bareilly.
124. Sh. Dipak Roy S/o Late Sh. Hiralal Roy, Ex-Lab Attendant, KV No.2 Binnaguri Cantt.
125. Sh. Rajinder Kumar Hitkari S/o Late Smt. Vandana Amir Ex-TGT, KV Manauri Allahabd.
126. Renu Lata W/o Late Sh. Devinder Pal Rathi, Ex-TGT.
127. Sh. Nicodin Rabha S/o Late Sh. Dhanender Nath Rambha, Ex-Gr-D, KV Panbari.
128. Sh. Suraj Kumar S/o Late Sh. Bhim Nath Karmali, Ex-Lab Attendant, KV Deepatoli, Ranchi.
129. Ms. G. Suchitra D/o Late Sh. G. Manikyam, Ex-Sub Staff, KV No.1 Uppal.
130. Sh. Manoj Kumar S/o Late Sh. Dharam Pal Singh, Ex-Gr-D, KV Junjhunu.
131. Sh. R. Narender S/o Late Sh. Ramaswamy, Ex-Sub Staff, KV no.2 Golconda, Hyderabad.
132. Sh. Sikander Prasad Kushwaha S/o Late Sh. Ganesh Mandal, Ex-Lab Attendant, KV Lakhisarai.
133. Ms. Yashika Goyal D/o Late Smt. Chitra Goyal, TGT KV No.1 Faridabad.
134. Sh. Onodor Kumar Marandi S/o Late Sh. B.N. Manjhi, Ex-Gr-D, KV Ramgarh Cantt.
135. Sh. Rajesh Ranjan S/o Late Sh. Jogu Kumar Mandal, Ex-UDC, KV no.3 Bokaro Steel City.
136. Sh. Dipen Medhi S/o Late Sh. Haren Medhi, Ex-Gr-D, KV IIT Guwahati.
137. Smt. Anuradha W/o Late Sh. Gurnam Singh, Ex-PRT (Music), KV No.2 Hussainpur.
138. Sh. Sumit S/o Late Sh. Timtar, Ex-Gr-D, KV NHPSC Dharchula.
139. Sh. Manohar Singh S/o Late Sh. Diwan Singh, Ex-Gr-D, KV Gaziabad.
140. Sh. Kishore Kumar S/o Late Sh. Bharat N. Waghmor, Ex-Sub Staff, KV Gulbarga.
141. Sh. Vinod Kumar S/o Late Sh. Harpal Singh, Ex-Lab Attendant, KV AGCR Colony.
142. Ms. Satia Basfor D/o Late Sh. Sulechan Basfore, Ex-Gr-D, KV Borjhar.
143. Ms. Ratna Mishra Sister of Late Ms. K.M. Anjana Mishra, Ex-LDC, KV no.2 OFC, Shahjahanpur.
144. Ms. Uma Bharti Sister of Late Sh. Harvinder Kumar, Ex-TGT, KV Awantipur.
145. Ms. Pooja D/o Late Sh. Durgesh Kumar, Ex-Gr-D, KV AFS Jaisaimer.
146. Sh. Deepak Rajak S/o Late Sh. Rajendra Rajak, Ex-Sub Staff, KV Command Hospital.
147. Sh. Ranjan Basfore S/o Late Sh. Ramesh Basfore, Ex-GR-D, KV New Bonaigaon Gaon.
148. Sh. Assif I. Bhatti S/o Late Sh. Ismail H. Bhatti, Ex-Lab Attendant, KV Army Bhuj.
149. Sh. Surender Kumar S/o Late Sh. Panni Lal, Ex-Gr-D, KV No.1 Gaya.
150. Ms. Anupama Tiwari D/o Late Sh. Nand Gopal Tiwari, Ex-TGT, KV Dipatoli.
151. Smt. Anjani Singh W/o Late Dr. U.K. Singh, PGT, KV Vigyan Vihar.
152. Sh. Anupam Dhar S/o Late Sh. Murlidhar, Ex-TGT, KV Mughalsarai.
153. Ms. Neha Thapa D/o Late Sh. Deepak Thapa, Ex-UDC, KV IIP, Dehradun.
154. Smt. Lalitha M. Dhage W/o Late Sh. Mahadev G. Dhage, Ex-Librarian, KV Solapur.
155. Sh. Deepak Goswami S/o Late Sh. Nand Kishore, Ex-Employee, KV Arjangarh.
156. Sh. O.B. Vysakh S/o Late Sh. O.K. Babu, Ex-Gr-D, KV no.1, Cochin.
157. Sh. Lalji Pandey S/o Late Hausla Prasad Pandey, Ex-Sub Staff, KV Faizabad Cantt.
158. Sh. Anurag Yadav S/o Late Sh. Rajesh Kumar Yadav, Ex-TGT, KV NTPC Dibiyapur.
159. Sh. Vishal Verma S/o Late Sh. H.C. Verma, Head Clerk KV, IMA Dehradun.
160. Sh. Sohil Kumar S/o Late Sh. Prakash Chand, Sub Staff KV no.1 AFS Suratgarh.
161. Sh. Sachin S/o Late Sh. Krishan Pal, Ex-Lab Attendant, KV no.4 Delhi Cantt.
162. Sh. Yogesh Sakharam Khare S/o Late Sh. Sakharam Dhondiram Khare, Ex-Sub Staff, KV BSF Chakur.
163. Sh. T. Tunungam Kom S/o Late Sh. T.A. Kom, Ex-Sub Staff , KV Loktak.
164. Sh. Riman Basumatari S/o Late Sh. Mahi Ram Basumatari, Ex-Gr-D, KV Nagaon.
165. Sh. Poonam Jeet Rajauria S/o Late Sh. Ranjeet Rajauria, Ex-PRT, KV no.1 Jodhpur.
166. Sh. Parmanand S/o Late Sh. Kumpa Ram, Ex-Sub Staff, KV Jalipa Cantt.
167. Sh. Inderjit Sindoliya S/o Late Sh. Hari Singh Sindoliya, Ex-Sub Staff, KV Amla.
168. Sh. Narender S/o Late Sh. Satpal Ex-Sub Staff, KV no.3, Jallandhar Cantt.
169. Sh. Amit Kumar Karosia S/o Late Sh. Kangan, Ex-Lab Attendant, KV Bina.
170. Sh. Kalu Balmiki S/o Late Sh. Mahendra Balmiki, Ex-Gr-D, KV, Nagaon.
171. Sh. Alok Kumar S/o Late Sh. Raja Ram, Ex-PRT, KV Rail Parisar, Gonda.
172. Smt. Rajendri Devi W/o Late Sh. G.K. Tanwar, Ex-PGT, KV Noida.
173. Sh. Ram Nawal S/o Late Sh. Sudarshan Ram, Ex-TGT, KV Mau, UP.
174. Sh. Rajeev Kumar Rai, S/o Late Sh. Praphul Kumar Rai, Ex-PGT, KV Chakradharpur.
175. Smt. Diana E.C. W/o Late Sh. Pradeep Kumar, Ex-TGT, KV Mangalore.
176. Smt. Chandana Deb W/o Late Sh. P.R. Deb, Ex-UDC, KV ONGC Srikona.
177. Ms. Shaik Noorjahan D/o Late Sh. Shaik Hammed, Ex-Sub Staff, KV no.2 Srivijayanagar, Vishakhapatanam.
178. Smt. U. Ganga Bhavani W/o Late Sh. M. Thirupathi Rao, Ex-PRT, KV Gachibowli, Hyderabad.
179. Sh. Lavjeet Jeet Singh S/o Late Sh. MAnohar Singh Chouhan, Ex-Sub Staff, KV No.1 Jodhpur.
180. Ms. Ekta Sharma D/o Late Sh. Shyam Sunder Sharma, Ex-UDC, KV Anantnag.
181. Sh. Rani N. Godeshwar S/o Late Sh. Nitin N. Godeshwar, Ex-Lab Attendant, KV Okha Port.
182. Sh. Shashank Shrivastava S/o Late Sh. Gopal Krishan Shrivastava, Ex-UDC, KV no.2, Rewa.
183. Ms. Sukirti Gaur D/o Late Sh. Shashi Bhushan Gaur, Ex-UDC, KV OLF Dehradun.
184. Sh. Sachin Nath S/o Late Sh. Manik Chandra Nath, Ex-Lab Attendant, KV Masimpur.
185. Sh. Ravi Kumar Singh S/o Late Sh. Rakesh Kumar, Ex-PGT, KV 9B R.D, Pune.
186. Sh. Anil Kumar S/o Late Sh. A.R. Jaiswar, Ex-TGT, KV no.1 Bokaro.
187. Sh. Rajesh Kumar S/o Late Sh. MAgan Lal, Ex-Sub Staff, KV No.1, Sagar.
188. Sh. Munawar Alam S/o Late Sh. S.F. Alam, Ex-Head Clerk, KV Manauri, Allahabad.
189. Sh. Ravi Alakrishna RAnabagale S/o Late Sh. Balakrishna S. Ranabagale, Ex-Sub Staff, KV Belgaum.
190. Sh. SM Bhbudev Raj Karan S/o Late Sh. M. Ravi Kumar, Ex-Lab Attendant, KV Tirumalagiri.
191. Smt. Shaila S. Adabe W/o Late Sh. Sanjay Adabem, Ex-Sub Staff, KV CME Pune.
192. Sh. Ajay Tanti S/o Late Sh. Puran Tanti, Ex-Sub Staff, KV no.1 Tezpur.
193. Sh. Mahendra Singh S/o Late Sh. Narayan Singh, Ex-Lab Attendant, KV no.2 Bikaner.
194. Sh. Amit S/o Late Sh. Hawa Singh, Ex-Sub Staff, KV Sector 3, Rohini.
195. Sh. Chandra Mauli S/o Late Sh. Arjun Prasad, Ex-PRT, KV Danapur Cantt(SS).
196. Smt. Manju Bhardwaj W/o Late Sh. Sanjay Bhardwaj, Ex-PGT, KV no.1, Alwar.
197. Sh. Aakashdeep S/o Late Sh. Om Prakash Ram, Ex-Head Master, KV Sitapur (1st Shift).
198. Sh. B. VInay Kumar S/o Late Sh. B. Venkateshwara Rao, Ex-PRT, KV Srikakulam (AP).
199. Sh. Ravi Hussain S/o Late Sh. Iqbal Hussain, Ex-Sub Staff, KV no.3 Bathinda.
200. Sh. Suraj Chand Hari S/o Late Sh. Ranjit Lal Hari, Ex-Lab Attendant, KV Command Hospital.
201. Ms. Preeti Suryavanshi D/o Late Sh. P.L. Suryavanshi, Ex-UDC, KV Amla.
202. Sh. Rajeev Kumar S/o Late Sh. Devendra Kumar Yadav, Ex-UDC, KV Khagaria.
203. Sh. Anand Kumar S/o Late Sh. BAlmukund Prasad, Ex-TGT, KV no.1 Bokaro.
204. Sh. Prashant Kumar Mishra S/o Late Sh. Ramesh Chandra Mishra, Ex-TGT, KV Mughalsarai.
205. Smt. Parvathi T.S. W/o Late Sh. Premarajan, Ex-Sub Staff, KV Kepa Ramavaramapuram Thrissur.
206. Sh. Nitesh Tomar S/o Late Sh. Brij Lal Tomar, Ex-Sub Staff, KV no.2 Indore.
207. Sh. Nakka Pawan Durga Prasad S/o Late Sh. N. Krishna, Ex-Sub Staff, KV Visakapatnam.
208. Sh. Abhishek R.S. Guher S/o Late Sh. Rajpal Singh, Ex- Sub Staff, KV IIT Powai, Mumbai.
209. Sh. B. Balakrishna Naik S/o Late Sh. Ramjee B, Ex-Lab Attendant, KV AFS Hakimpet, Hyderabad.
210. Sh. Ashok Basfore S/o Late Sh. Ramjit Basfore, Ex-Gr-D, KV Panbari.
211. Smt. Damera Madhvi W/o Late Sh. Damera Sahadevdu, Ex-TGT, KV AFS Begumpet, Hyderabad.
212. Sh. S. Srivasalu S/o Late Sh. V.S. Tripataiah, Ex-Sub Staff, KV no.1 Pune.
213. Sh. Rajesh Kumar S/o Late Sh. Yogendra Singh, Ex-Lab Attendant, KV Patratu.
214. Ms. Kanchan Kumari D/o Late Sh. Ramjee Singh, Ex-PRT, KV IOC Barauni.
215. Sh. JAgdishbhai D. Rohit S/o Late Sh. D.P. Rohit, Ex-Gr-D, KV, V.V. Nagar.
216. Smt. Sangeeta Singh W/o Late Sh. R.K. Singh, Ex-LIB., KV no.4 Varanasi.
217. Sh. Ratan BAsumatary S/o Late Sh. Dhanbar Basumatary, Ex-Sub Staff, KV Nagaon.
218. Sh. Ram Krishna Pidiyar S/o Late Sh. Ram Dhani Pidiyar, Ex-TGT, KV Khadakvasla.
219. Sh. A. Aswin Kumar S/o Late Smt. M. Amudha, Ex-Sub Staff, KV Ashok Nagar.
220. Sh. Kanai Malakar H/o Smt. Madhabi Malakar, Ex-PRT, KV no.2, Ishapore.
221. Smt. Kamla Tauhel W/o Late Sh. Rajendra Tauhel, Ex-Sub Staff, KV NKJ Katni (MP).
222. Sh. Rakesh Kumar S/o Late Sh. Summer, Ex-Sub Staff, KV JRC Bareilly.
223. Sh. Sahil S/o Late Sh. Ashok Kumar Narula, Ex-LDC, KV no.2, Firozepur.
224. Sh. Vijay Kumar Havele S/o Late Sh. Babu Ram HAvele, Ex-Lab Attendant, KV no.2 Bhopal.
225. Sh. Utpal Narjinary S/o Late Sh. Nahen Narjinary, Ex- Lab Attendant, KV Hasimara.
226. Sh. Hemant Kumar S/o Late Sh. A.M. Solanki, Ex-Sub Staff, KV ONGC Cambay.
227. Sh. Dinesh Chand S/o Late Sh. Mahesh Chand, Ex-Sub Staff, KV no.2, Hathibarkala Dehradun.
228. Sh. Harkamal Preet Singh Bhogal S/o Late Sh. Harvinder Singh, Ex-PGT, KV no.2 Halwara.
229. Sh. Shubham Shukrawara S/o Late Sh. Durga Prasad Shukrawara, Ex-Sub Staff KV Aayudh Nirmani, Khamria, Jabalpur.
230. Sh. Yuvraj Sharma S/o Late Sh. Tika Prasad Sharma, Ex-UDC, KV Kalimpong.
231. Sh. Abhimanyu Chib S/o Late Sh. Pritam Singh, Ex-Sub Staff, KV no.1 Pathankot.
232. Sh. Sudhir Kumar S/o Late Sh. Krishan, Ex-Sub Staff, KV Jharodakalan.
233. Sh. Sandeep Singh S/o Late Sh. Ganga Singh, Ex-Gr-D, KV Faridkot.
234. Sh. Ajay Kumar Awasthi S/o Late Smt. Usha Awasthi, Ex-Gr-D, KV no.3 Chakeri Kanpur.
235. Sh. Sanjay Kumar Bhattcharya S/o Late Smt. Minu Bhattcharya, Ex-Gr-D, KV CRPF Drugapur.
236. Ms. Ritu Yadav D/o Late Sh. R.D. Yadav, Ex-TGT, KV Kanpur Cantt (1st Shift).
237. Sh. C.H. Paidy Raju S/o Sh. Krishna, Ex-Sub Staff, KV Narangi.
238. Sh. Abhinav Kumar Devedi S/o Late Sh. Hari Shankar Devedi, Ex-TGT, KV Amla M.P.
239. Sh. Sanat Sagen Murmu S/o Late Sh. Rameshwar Murmur, Ex-Lab Attendant, KV Adra.
240. Sh. Akash Kumar S/o Late Sh. Ashok Kumar, Lab Attendant, KV Sec-22, Rohini.
241. Sh. Narsingh Kumar S/o Late Sh. Veera Singh, Ex-Lab Attendant, KV, Kankarbagh.
242. Sh. Naresh Barala S/o Late Sh. Laxman Singh,Ex-Gr-D, KV Jhunjhunu.
243. Sh. Gangesh S/o Late Sh. Ramesh, Ex-Sub Staff, KV Raiwala
244. Sh. Danial S/o Late Sh. David, Ex-Sub Staff, KV Faridkot.
245. Ms. Kalawati Kaluram Kurle sister of Late Ms. Shakuntala Kaluram Kurle, Ex-TGT, KV no.2.
246. Sh. Durga Oraon S/o Late Sh. Budhwa Oraon, Ex-Sub Staff, KV CRPF Ranchi.
247. Ms. Shweta Jain D/o Late Smt. Sudha Jain, Ex-Lab Attendant, KV no.1 Sagar.
248. Sh. Tirtha Raj Dey S/o Late Sh. Dadananda Dey, Ex-Sub Staff, KV no.1 Kanchrapar.
249. Sh. Navneet Singh S/o Late Sh. Khyaliram, Ex-LDC, KV Morena (M.P.).
Above mentioned respondents no.4 to 249 through respondent no.3 as the addresses of respondent no.4 to 249, know by the respondent no.3.
250. Durga Dass (Ex-Sr.-Manager, State Bank of Patiala) S/o Late Sh. Phul Chand, house no.984-A, Subhash Gali, Amrik Singh Road, Bathinda (Pb).
251. Vijay Singla (Ex-Sr. Officer Corporative Bank) S/o Late Sh. Tek Chand, House no.164, Phase III, Bathinda (Pb).
252. Vishal Galhotra (Assistant General Manager, IDBI Bank at Corporate House) S/o Sh. R.P. Galhotra, Flat no.201, Building no.36, NRI Complex, Seawood Estate Navi Mumbai-400706 Maharashtra.
253. Subash Chander Sethi (Govt. Teacher in School at Punjab) S/o Sh. Ram Lal Seth, House No.HIG-1352, Model Town, Phase-I, Bathinda (Pb.).
RESPONDENTS
ORDER
HONBLE MRS. RAJWANT SANDHU, MEMBER (A):-
1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:-
For issuance of a OA in the nature of certiorari for quashing the order of respondent no.2 office memorandum dated 20.01.2010 (Annexure P-1) and directing the respondent no.3 to consider first and give appointment to the orphan applicant no.2 instead of respondents no.4 to 249 on compassionate grounds as the appointment case/claim of the applicants family on the basis of financial destitution & indigent condition instead of point system and present and follow the rules framed by GOI 16.01.2013 (Annexure A-2) meant for compassionate appointment. OA may kindly be allowed in favour of applicants with costs.
OR Any other application, order or directing may also be issued which this Honble Court deems, fit and proper in the facts and circumstances of the case.
And The Honble Punjab & Haryana High Court give directions to this Tribunal on 21 March 2016 (Annexure P-3) and the same may kindly be accept and follow, hence present application filed and may kindly be allowed in favour of applicants.
2. It is stated in the OA that the father of the applicants who was an employee of KVS had died on 29.05.1993. The mother of the applicants joined the service as Primary teacher in KVS on 21.08.1993, and she expired while in service on 07.09.2004. The applicants had earlier filed OA No.060/01118/2014 seeking employment on compassionate grounds which was disposed of vide order dated 14.08.2015 (Annexure A-5) with certain directions to the respondents. The respondent no.3 considered the case of the applicant no.2 for employment on compassionate ground, as per respondent no.2 letter dated 20.01.2010 (Annexure A-1) and GOIs OM dated 16.01.2013 (Annexure A-2). The rules framed by respondent no.2 OM dated 20.01.2010 referred to the point system meant for appointment on compassionate ground but the same is totally wrong and a violation of Article 16 of natural justice of Constitution of India and it is not met with appointment to needy for immediate assistance and financial destitution. Respondent no.3 considered the cases for appointment on compassionate ground on 02.12.2015 and gave points to respondents no.4 to 249 much better than to the applicants even though the applicants are orphans and death cum retiral benefits that they got when their mother passed away had been exhausted. Respondents no.4 to 249 receive Family Pension plus DA and Medical Allowance and hence they are not indigent, while the orphan applicants need immediate assistance instead of respondents to survive. Moreover, the orphan applicants had taken loan from private respondents no.250 to 253 of around Rs.2,50,000/- for higher education of applicant no.2, and this loan had to be repaid. Hence, the letter dated 20.01.2010 be quashed and the applicants be appointed on suitable post as per their qualification.
3. Sh. Arun Bansal, applicant no.1 has been heard regarding admission of this OA. To a query as to why he had arrayed 250 persons apart from the official respondents no.1 to 3 as parties, he stated that respondents no.4 to 40 were persons whose names had been recommended for appointment on compassionate ground in KVS while those at serial nos. 41 to 249, were the other applicants who had applied for appointment on compassionate grounds. Respondents no.250, 251 and 252 had extended education loan to the applicant no.2 and since the loan had to be repaid, while the applicants had no resources to do so these persons were arrayed as respondents. Since the addresses of the private respondents from serial nos.4 to 249 are not complete, to a query in this regard, the applicant stated that KVS be directed to serve these respondents as the applicants did not have their addresses.
4. It is seen that the applicant has represented to the KVS from time to time for appointment on compassionate grounds and had also filed OAs before the Tribunal in this regard. For proper consideration of this matter we considered it necessary to go through the paper book in OA No.060/00316/2016 earlier filed by the applicants. After the decision in OA No.060/01118/2014, the applicants claim for appointment on compassionate ground was considered by the respondents-KVS in the meeting of the CAC held on 02.12.2015. He could not be recommended for appointment since his position was low in the order of merit (date of closure of the case 31.01.2016). The applicant than filed CWP No.5300 of 2016 which was decided on 21.03.2016 holding that the rejection order dated 20.01.2016 would have to be impugned by the applicant before the CAT. The Tribunal was requested to issue short notice to the respondents and as soon as the service is complete, to decide the case on merit after summoning the original records and giving only one opportunity to the respondent-authority to file their written statement, preferably within four months. The applicant then filed OA No.060/00316/2016 on 08.04.2016. Notice was issued to the respondents and written statement was filed by KVS on 27.05.2016, wherein the background of the matter was explained, and it was stated that the case of appointment on compassionate ground in favour of Sh. Varun Bansal, applicant no.2 was considered on 02.12.2015, but could not be recommended for appointment since his position was low in the order of merit. It was also stated that the case of Sh. Varun Bansal would be considered alongwith other cases in the next meeting of the Compassionate Appointment Committee. No rejoinder was filed by the applicant in OA No.060/00316/2016, inspite of the matter being listed on 07.07.2016, 29.07.2016 and 09.09.2016. The applicant then filed MA No.060/01159/2016 seeking to withdraw the OA No.060/00316/2016 with liberty to file fresh OA. Inspite of objections from the learned counsel for the respondents that the applicant was only trying to prolong the matter, now that the written statement had been filed on behalf of the KVS, but on the matter being pressed by the applicant Sh. Arun Bansal, the MA was allowed and OA No.060/00316/2016 was disposed of as withdrawn on 26.09.2016.
5. The claim in the present OA is basically the same as earlier i.e. that the applicant no.2 be given appointment on compassionate ground. The respondents-KVS had already stated in the written statement filed in OA No.060/00316/2016 that the case of Sh. Varun Bansal for appointment on compassionate ground would continue to be considered by the Compassionate Appointment Committee in the future. In view of the narration above, it is not understood what is sought to achieved by the applicant by filing the present OA arraying 250 private respondents. Pursuing this matter would only cause avoidable cost to the Tribunal and harassment to the private respondents. Even the respondents-KVS is facing many OAs filed by the applicant some of which have been decided while others are pending. The plea of the applicant against the point system as referred in letter dated 20.01.2010 (Annexure A-1) is not supported by any good reasons. Moreover, autonomous organizations such as the KVS are following the instructions on compassionate appointments issued by the DoPT from time to time. Hence, we conclude that there is no merit in the OA and do not consider it necessary to issue notice to the respondents in the matter. The OA is dismissed in limine.
(RAJWANT SANDHU) MEMBER (A) (JUSTICE L.N. MITTAL) MEMBER (J) Place: Chandigarh.
Dated: 14.10.2016.
rishi 19 O.A No.060/00936/2016