RAM RATI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Satish Mandhyan, learned Counsel for the petitioner. Sri Govind Saran, learned Counsel appears for the respondents.

(2.) Late Ram Adhar, husband of Smt Ram Rati - petitioner No. 1 and father of Ashok Kumar - petitioner No. 2 was working in North-Eastern Railway. He died some time in the year 1983-84, on which Smt. Ram Rati - petitioner No. 1 applied for compassionate appointment. She was appointed as Medical Attendant in the Divisional Railway Hospital under the Chief Medical Superintendent, North-Eastern Railway, Izzat Nagar, Bareilly.

(3.) After serving for 16 years, the petitioner No. 1 was declared medically unfit for all categories in the Railways due to hundred per cent loss of her vision, and consequently vide office order dated 24.8.2000, she was discharged from Railway Services with effect from 14.7.2000. At the time of her medical disablement, she had about four years left to serve before superannuation. Her son Ashok Kumar, petitioner No. 2 applied for compassionate appointment, claiming a right to be appointed on the disablement of her mother in terms of the Master Circular dated 12.12.1990 on Appointment on Compassionate Grounds issued by the Government of India, Ministry of Railways. The application was accompanied by an affidavit of petitioner No. 1 stating that her son was her only support, especially as she had lost her eyesight, however, he was unemployed and the family had to incur heavy medical expenses for her treatment before she was discharged from Railway Service. She submitted two more representations dated 10.8.2001 and 13.8.2001. Her request was rejected vide letter dated 5.10.2001 on the ground that the financial conditions did not represent that she was indigent.