BINUTHA THOMAS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) XXXXX.

(2.) APPLICANT is the widow of late Thomas T. Joseph who passed away on 09.10.2008 while he was working as a Scientific Assistant under the respondents. He died of terminal pancreatic tumour after a prolonged illness.

(3.) APPLICANT challenges Annexure A/12 decision of the respondents. According to her, respondents misinterpreted Annexure A/15 O.M. dt. 26.7.12 issued by DoPT which in fact is lifting the 3 -year limit prescribed for considering of cases of compassionate appointments. According to applicant, respondents misinterpreting A/15 OM have closed her application for being considered any further. She alleges that the administrative delay in processing the case by Respondent No. 2 cannot be taken as a ruse to declare that she is no longer eligible to be considered for appointment on compassionate ground. She disputes the awarding of only 42 score points without conducting proper enquiry and contends that her case could have been forwarded to other Ministries as per the instructions in the OM dt. 3.10.1998 issued by the DoPT. She further states that as per OM dt. 19.1.2007 issued by the DoPT, compassionate appointment can also be given against technical posts of Group C & D levels and she being a Science Graduate is qualified for such posts. She challenges the granting of more grade points to those applicants having more than two children as it is contrary to the policy of the Government to have two children. According to her, the criteria adopted for awarding score points is without conducting any enquiry about the existence of penurious conditions and is therefore illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India. According to her, a balanced and objective assessment of the financial condition of the family has to be made especially taking to account the assets and liabilities owed by the family. Hence the applicant prays for: