SUBHASINI KUMARI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Petitioner is widow of Shambhu Kumar who was a confirmed employee i.e. Accountant with second respondent. It is so evident from the communication of 7th February, 2002 (Annexure A-5). Shambhu Kumar had died on 14th May, 2014 and after his death, petitioner vide application of 5th June, 2014 (Annexure A-12 colly.) had applied for compassionate appointment.

(2.) Petitioner relies upon Scheme for compassionate appointment (Annexure A-20) of second respondent. However, in the counter affidavit filed by second respondent, it is maintained that in the absence of any Scheme, no compassionate appointment can be made. The stand taken by the second respondent in the counter affidavit is that Late Shambhu Kumar was engaged with second respondent on contractual basis. To assert so, attention of this Court is drawn by counsel for second respondent to Office Order of 21st February, 2014 (Annexure R-4).

(3.) Regarding the Scheme for compassionate appointment, (Annexure A-20), the stand taken by second respondent in the counter affidavit is that this Scheme appears to be of Government of India and there is no separate Scheme of second respondent to provide for compassionate appointment.