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2016 (7) TMI 72 - HC - Indian LawsCompassionate appointment of assessee's son rejected - non-speaking order - scheme to provide employment under compassionate category - application for giving employment to her son - Held that:- While rejecting the application, the authority has not indicated any reason much less justifiable reason. It is not sufficient to mention that the case of the petitioner would not come under the scheme. The department should point out the actual reasons for rejecting the application. In fact, an attempt was made by the respondents to improve the case by giving certain particulars in the counter statement. However, the impugned order does not contain any such reasons. The first respondent has clearly admitted in his counteraffidavit that the retirement was on medical ground. This aspect was not considered while rejecting the application. Therefore, of the view that the issue requires fresh consideration by the second respondent. In the result, the impugned memorandum dated 18 October, 2011, is set aside. The second respondent is directed to consider the application submitted by the petitioner for compassionate appointment to her son on merits and in accordance with the relevant Scheme. While considering the application, necessarily, the second respondent should also consider the admission given in the counteraffidavit filed by the first respondent to the effect that the retirement was on medical ground.
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