JAGWATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner's husband, a chowkidar in MES, died in harness on 7.12.1997. Petitioner, his widow, thereafter applied for compassionate appointment as mazdoor on 24.12.1997. Her application was processed, but no- action was taken on this. But she was later informed by communication dated 29.1.2001 that her name was being deleted from the waiting list of candidates for compassionate appointment under office memorandum dated 3.12.1999 which provided hat compassionate appointment could be provided only against the ceiling of 5% of vacancies falling under under direct recruit quota in group C & D post and that too within one year from the date of such application.

(2.) Petitioner's case is that she was entitled to consideration apart from this policy which had come in force subsequently even after the expiry of one year from the date of her application and that her candidature could not be rejected in disregard of merits of her claim.

(3.) Respondents stand is that they had deleted all the cases in the waiting list including that of petitioner under the policy, L/C for respondents also referred to some Supreme Court judgements to show that compassionate appointment could not be ordered either on compassion or in violation of the policy in force. Nor had the candidate any automatic right of such appointment.