KIRAN BALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has filed its petition under Article 226 of the Constitution of India to challenge the order dated 7th January 2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (The Tribunal) in O.A. No. 2743/2003 whereby the aforesaid O.A. filed by the Petitioner was dismissed by the Tribunal. The Petitioner had approached the Tribunal seeking directions to the Respondents for the release of family pension to her from the date of expiry of her husband i.e. 17.9.2000 onwards. She also sought immediate compassionate appointment from the Respondents.

(2.) The Petitioner"s late husband was initially appointed as a driver in the Implementation Committee, Cabinet Secretariat, Government of India, on 1.7.1989. Thereafter, he was appointed to the post of Staff Car Driver in the Ministry of Welfare on 15.1.1990, where he continued to work till the time of his death, i.e., on 17.9.2000. However, the engagement of the Petitioner were not on regular basis, but was only on temporary and adhoc basis.

(3.) After the demise of the husband of the Petitioner, she demanded family pension and appointment on compassionate ground from the Respondents. Since, there was no response from the Respondents, she initially preferred O.A. No. 2103/2003, which was disposed of on 7th August 2003 by the Tribunal with a directions to the Respondent to dispose of the representation of the Petitioner by a reasoned and speaking order.