STATE OF MANIPUR Vs. A ONGBI MEMCHA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise from the judgment and order dated 22/2/1994 passed in Civil Review Application No. 17 of 1993 in CR No. 97 of 1991 of the High court of Gauhati at its bench at Imphal. One, A. Raghumani Singh, was appointed in the service of Manipur State and he diedin harness. Therefore, his widow Smt Arambarn Ongbi Merncha Devi, was appointed as LDC on 1/1/1974 on compassionate grounds and she was promoted as UDC on 13/10/1981. In 1991, she filed a writ petition in the High court for direction to appoint her brother-in-law on compassionate grounds. The writ petition was allowed by the High court in Civil Rule No. 97 of 1991, against which a review petition was filed. As stated earlier, the review petition was also dismissed. Thus, these two appeals by special leave. Though time was taken for filing counter by the respondent, no counter has been filed.

(3.) The brother is not a dependant of the deceased employee who died in harness. Since on compassionate grounds, the widow has already been appointed and she has been continuing in service they cannot claim further employment on the basis of the death of the employee in harness. The High court was, therefore, not correct.