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Thursday, December 1, 2011

Compassionate appointment - retirement on medical grounds

The question whether Compassionate appointment can be denied to the dependents of those who retire from service on medical grounds again mooted in the Central Administrative Tribunal, Ernakulam Bench.
Earlier an official letter dated 29-5-1992 was quashed by the CAT full bench, in OA 220/98 dated 8-11-01. Subsequently in another case,  a division bench of CAT took the similar stand.
But the department again relied on the non est order which was already quashed by the CAT. Later this stand was confirmed by the High Court of Kerala vide order dated 28-9-04. Now again in another petition, CAT vide order dated 1-12-2011 observed that, the department again relied on the order which was already quashed. The CAT directed the department to circulate the quashed order within one month or pay a cost of RS 5000 to the Applicant. 

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