SOMVATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order passed by the Tribunal in OA No.2775/11 on 08.08.2011. Before the Tribunal, the petitioner had challenged the order dated 18.08.2006 passed by the respondents whereby the petitioners' case for compassionate appointment on the death of Om Prakash, who died on 12.12.2001 had been rejected. The petitioner No.1 is the widow of the late Om Prakash. Petitioner No.2 is the daughter of the late Om Prakash.

(2.) AS mentioned above, Om Prakash died on 12.12.2001. Shortly thereafter, the petitioners had applied for appointment on compassionate grounds. However, that appointment was not being given to either of the petitioners inasmuch as according to the respondents there was no vacancy in the department within the compassionate quota of 5 per cent. The petitioners approached this Court by filing a writ petition bearing No. WP(C) 2515/2004. That writ petition was disposed of by an order dated 17.12.2004, wherein the following direction was given:-

(3.) WE are also of the view that the High Court's order dated 17.12.2004 specifically directed that the petitioners' case for compassionate appointment was to be considered in accordance with law and in terms of the existing policy of the respondents. The financial condition of the petitioners was also considered by the respondents while passing the order dated 18.08.2006. The respondents came to the conclusion that the petitioners' condition was not so penurious as to entitle them to compassionate appointment. In any event, we also note that there was no compassionate appointment after Om Prakash died on 12.12.2001 up to 04.07.2008. In other words, nobody had been appointed on compassionate grounds within the period of three years of the death of late Om Prakash. Therefore, the petitioners can have no grievance in respect of the compassionate appointment offered by the respondents to someone else on 04.07.2008, which was almost seven years after the death of late Om Prakash and almost four years after the High Court order dated 17.12.2004.