COMPENSATE
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT __________
OA No: _____ of ______
___________________________________Petitioner.
VERSUS
___________________________________Respondent.
Application Under Section 19 of the Administrative Tribunals Act, 1985
Respectfully:
- Particulars of the Applicant
- As given in the Memo of Parties.
- Particulars of the Respondents
- As given in the Memo of Parties.
- Impugned Order:
- That the applicant is aggrieved by the impugned order issued by the respondents _______
- The said impugned order is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power.
- Jurisdiction
- That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
- Limitation:
- That the applicant further declares that the application is within the limitation.
11 . Facts of the Case:
12 .That the applicant submits that _____
GROUNDS
- That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others:-
(a) That the impugned order issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That _____
(c) That the term dependent has been defined in The Employees' State Insurance Act, 1948 as under:-
(d) "[(6A) 'dependent' means any of the following relatives of a deceased insured person, namely: -
(i) A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter; A widowed mother;
(ii) If wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of eighteen years and is infirm;
(iii) If wholly or in part dependent on the earnings of the insured person at the time of his death, -
(a) A parent other than a widowed mother,
(b) A minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor;
(c) A minor brother or an unmarried sister or a widowed sister if a minor,
(d) A widowed daughter-in-law,
(e) A minor child of a pre-deceased son,
(f) A minor child of a pre-deceased daughter where no parent of the child is alive, or
(g) A paternal grand-parent if no parent of the insured person is alive;"
(e) That the word "dependent" has similarly been defined in The Workmen's Compensation Act, 1923 vide Section 2 (c).
(f) That the applicant is entitled for compassionate appointment even when his brother who is in employment but living separately right since the lifetime of his deceased father and is in no way supporting the family of the deceased employee.
(g) That the object of Clause 5 (c) of the instructions is to mitigate the financial difficulties of the family of the deceased employee. The same object cannot bee annulled simply because one son of the deceased employee is already in service and in no way supporting the family of deceased employee. Such condition runs contradictory to the object behind the scheme. The Clause 5 (c) is reproduced hereunder:-
(h) Eligibility:-
(i) In all cases where one or more members of the family are already in Government service or in employment of Autonomous bodies/Boards/Corporations etc; of the State/Central Government, employment assistance should not under any circumstances be provided to the second or third member of the family. In cases, however, where the widow of the deceased Government servant represents or claims that her employed sons/daughters are not supporting her, the request of employment assistance should be considered only in respect of the widow. Even for allowing compassionate appointment to the widow in such cases the opinion of the Department of Personnel and Finance Department should specifically be sought and Finance Department should specifically be sought and the matter finally decided by the Council of Ministers"
(j) That the similar view has been taken by the Hon'ble High Court of Punjab & Haryana in case Motia Devi Vs LIC (1993 (3) Service Cases Today), Santosh Tuli Vs UOI (1995 (4) SCT 267), Hon'ble High Court of_______in Chhabi Sood Vs Chairman, Himachal Gramin Bank (1994 (3) SCT 724/725), Hon'ble Karnatka High Court in Shusheela B Bhakta Vs Karnatka State Road Transport Corporation (1995 (3) SCT 382), Hon'ble Jammu & Kashmir High Court in Anwar Farooqi Vs UOI (1998 (3) SCT 794/795).
(k) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estoppel applies against the respondents.
(l)That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
- Reliefs Sought:
- That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned order A-_____ issued arbitrarily, malafide and illegally by the respondents;
(b) Direct the respondents to consider the applicant for giving him appointment for the post commensurate with his qualifications;
(c) Direct the respondents to _______;
(d) Direct the respondents to produce all the relevant documents for perusal by this Hon'ble Tribunal;
(e) Allow the cost of this OA;
(f) Pass such other order or directions as deemed fit and proper in favour of the applicant.
- AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
- Interim Orders, If Prayed:
- It is most respectfully prayed that during the pendency of this OA, the operation of the impugned order A-_____ may kindly be stayed in the interest of justice.
- Details of Remedies Exhausted:
- That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
- Matter not Pending with any Other Courts Etc:
- That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
11 . Particulars of Court Fees:
12 .Court fees worth Rs 50/- is attached herewith.
13 . Details of Index:
14 .An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
______ Through, Advocate
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________
OA No:______ of _____
___________________________Petitioner.
VERSUS
______________________________Respondent.
Affidavit in support of OA under Section 19 of the Administrative Tribunals Act 1985.
I, ______, do hereby solemnly, affirm and declare as under:
- That the accompanying OA has been prepared under my instructions.
- That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
Deponent
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ______________
OA No: ______ of _____
_______________________________Petitioner.
VERSUS
_________________________________Respondent.
Index
|
SI No |
Annex |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
|
Power of Attorney |
|
(Name of Place) Applicant
_____ Through, Advocate
