Neutral Citation No. - 2025:AHC:138027-DB Chief Justice's Court Case :- WRIT - A No. - 20860 of 2024 Petitioner :- Vivek Kumar Asthana Respondent :- State of U.P. and 7 others Counsel for Petitioner :- Ranjeet Asthana Counsel for Respondent :- A.S.G.I., Ugrasen Kumar Pandey Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition is directed against order dated 13.01.2023 passed in Original Application (OA) No.347 of 2018 by Central Administrative Tribunal, Allahabad Bench, Allahabad whereby the OA filed by the petitioner seeking compassionate appointment has been dismissed. 2. The mother of the petitioner died in harness on 23.06.2014. The petitioner applied for compassionate appointment under the Rules. The claim of the petitioner was rejected on account of his medical condition as he was found medically unfit in the medical check-up conducted by the respondents. 3. Feeling aggrieved, the OA was filed inter alia claiming himself as fit for according appointment. The Tribunal, though none appeared for the petitioner, examined the matter on merits and finding that under the directions of the Court in earlier OA No.784 of 2016, the petitioner was medically examined and found that the petitioner was not physically fit in any of the medical categories of Railway services and consequently, dismissed the OA. 4. Counsel for the petitioner reiterated the submissions that the petitioner is fit and the respondents were not justified in rejecting the candidature of the petitioner. 5. This Court vide order dated 03.01.2025 required the respondents to produce the report of the Medical Board constituted pursuant to the order passed by the Tribunal in OA No.784 of 2016. 6. The requisite report has been produced along with short counter affidavit wherein the Medical Board after thoroughly examining each and every aspect i.e. the treatment history, past history and general physical examination, systemic examination, ocular examination, undertaking investigations like ECG, ECHO etc. recommended that the petitioner is not physically fit in any of the medical category of Railway services. Based on the said medical report, the petitioner was duly informed on 31.03.2017 that on account of his medical unfitness, his claim for compassionate appointment cannot be considered. 7. Counsel for the petitioner relied on Medical Board report dated 23.11.2016 wherein it was opined that on the basis of report and records i.e. X-ray Chest, Echo and post CABC he is fit for duty alongwith drugs. The report produced by the respondents, which formed the basis for rejection of his candidature, is subsequent to the report produced by the petitioner, the railway report is an exhaustive report and has dealt with the physical condition of the petitioner in relation to the requirement of railway services. In view thereof, we do not find any reason to interfere with the order passed by he Tribunal. 8. There is no substance in the petition, the same is, therefore, dismissed. Order Date :- 13.8.2025 P.Sri./Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad