SUJATA KAUR Vs. SHILLONG CANTONMENT BOARD AND ORS.

JUDGEMENT

(1.) The petitioner prays for, issue of writ of mandamus so as to command the respondents to consider her as against the post of Safaiwala or any other post on compassionate ground. Further, be directed to sanction pension-cum-gratuity to which she is entitled.

(2.) The respondents in their counter affidavit have stated that the deceased husband of the petitioner was not a permanent employee of the Board therefore, the petitioner is not entitled to family pension-cum-gratuity and even compassionate appointment.

(3.) (Late) Jaswant Singh husband of the petitioner on proper selection was appointed as Safaiwala in the scale pay of Rs. 820-10-870-EB-15-975-20-1175.00 plus admissible allowance against the vacancy created under conservancy agreement. The appointment order issued in favour of (L) Jaswant Singh dated 30.04.1996 reveals that after considering the work of the deceased for 10 months as Casual Worker on (Daily Wages) thereafter on selection was appointed as Safaiwala on probation for a period of six months in the first instance subject to the conditions as incorporated in the order of appointment which include that his service would be governed by the provisions of Central Fund Servants Rules, 1937 (CFSR, 1937) and other enactments applicable to the Cantonment employees from time to time. The deceased while in active service died on 204.2006 as is clear from the death certificate available on record.