DEEPA SATI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) BY the present writ petition the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus commanding the respondents to create the supernu­merary post and to give the appointment to the petitioner.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that hus­band of the petitioner was employed in Central Reserved Police Force at 104, Rapid Action Force Battalion, Aligarh U.P and after along ailment he expired in the hospital of CRPF Jadauda, New Delhi on 22.6.2000. The petitioner has stated that the financial condition of the petitioner's family is not well and as such she applied to the respondents depart­ment for her appointment under Dying in Harness Rules. The petitioner was called for medical examination to Group Centre, Rampur and she was found fit for service.

(3.) THE petitioner has placed reliance on the Apex Court's judgment in the case of Smt: Shushma Gosain and others u. Union of India and others. 1989 (4) SCC 468. The Apex Court has held as under: