NIRMALA MEHER Vs. UNION OF INDIA

JUDGEMENT

(1.) Brief Background

(2.) Briefly stated, the case of the Appellant is that her husband expired on 17th July, 2014, whilst he was in the service of Respondent No. 3. As on the date of death, the deceased had rendered services for a period of 15 years and 6 months and was aged 34 years, 1 month and 27 days. He is survived by the Appellant herein, mother and two minor daughters aged 8 years and 2 years. The financial condition of the deceased's family was distressing, and the same deteriorated further after his passing, as the deceased was the sole bread-earner for the family. The destitution and penury compelled the Appellant to seek compassionate appointment with Respondent No. 3. An application dated 3rd November, 2014 was filed in this regard, followed by several representations and reminders, but to no avail. Ultimately, the Competent Authority informed the Appellant vide communication dated 25th March, 2015, that her request for compassionate appointment had been declined, and that she could apply for ex-gratia lump sum amount in lieu of the appointment on compassionate grounds, within nine months from the date of death of the employee as per the extant instructions of Respondent No. 3.

(3.) Thereafter, vide letter dated 2nd April, 2015, in reply to the Appellant's letter dated 30th March, 2015, Respondent No. 3 informed the Appellant that her case was examined as per the prevalent scheme for appointment on compassionate grounds, and it was observed that as the total length of service of the deceased was 15 years and 6 months and he was of the age of 34 years 1 month and 27 days, her case did not fall under any of the eligibility criteria for appointment on compassionate grounds, which envisaged two exceptional circumstances. The exceptional circumstances are highlighted in the said communication dated 2nd April, 2015, and read as under-