ADDITIONAL DEPUTY COMMISSIONER OF POLICE Vs. ANJU

JUDGEMENT

(1.) THE petitioner, Additional Deputy Commissioner of Police has challenged the order dated 12th April, 2005, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 2350/2004 titled as Ms. Anju v. UOI and Anr. allowing the original application of the respondent and granting compassionate allowance under rule 41 of CCS (Pension) Rules, 1972 to the respondent, widow of the dismissed deceased Constable Nidhi Kumar.

(2.) RELEVANT facts to comprehend the dispute are that the respondent is a legal heir of the deceased Constable Nidhi Kumar who was in the service of the Delhi Police. Her husband, Constable Nidhi Kumar had died on 22nd October, 2003 after a long absence from service without authorized leave for which he was dismissed from service. One month after his death, she applied for compassionate appointment.

(3.) THE respondent in her application/representation for compassionate allowance gave details of her family comprising of mother of the deceased Constable and three children, namely, Nishant, Nishi and Vishakha along with the details of their income and financial conditions and the educational qualification. THE respondent disclosed that they have no income and no such qualification which would make them earn their livelihood and survive. THE representation of the respondent was, however, rejected by order dated 12th March, 2004 without giving any reasons.