SUDHA JAIN Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before this Court made an application for compassionate appointment on the allegation that her mother-in-law expired during harness and that her husband had pre-deceased the mother-in-law meaning thereby that the Petitioner was widowed doughtier-in-law of the deceased employee. This application of the Petitioner was considered and appointment was offered to her. However, on complaints being made, the appointment has been cancelled under the impugned order dated 28.4.2008. Hence this petition.

(2.) On behalf of the Petitioner, it is contended that the impugned order has been passed without opportunity of hearing to the Petitioner and further that the same proceeds on presumption that there is a dispute in respect of the right of the Petitioner for such compassionate appointment. He submits that the order cannot be legally sustained.

(3.) On behalf of the Respondents, it is pointed out that a Division Bench judgment of this Court in the case of Basic Shiksha Adhikari Hardoi v. Madhu Mishra and Ors.,2009 27 LCD 995 has specifically held that widowed daughter-in-law of the deceased employee is not included in the scheme providing for compassionate appointment and, therefore, Petitioner can have no claim for such appointment. Irrespective of the reasons assigned in the impugned order since the Petitioner was not within the category of persons entitled for compassionate appointment, this Court may not interfere in this matter inasmuch as any order in favour of the Petitioner would only perpetuate an illegal appointment.