LAWS(MPH)-2014-1-10

MEENA GAUR Vs. UNION OF INDIA

Decided On January 09, 2014
Meena Gaur Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS Writ Petition has been preferred under Article 227 of the Constitution of India for quashing the order Annexure P -1 dated 17.10.2011 passed by Central Administrative Tribunal, Jabalpur ( Circuit Sitting : Gwalior).

(2.) THE brief facts are that one Ram Prakash Gaur, husband of the petitioner, died on 24.11.2001, while he was working on the post of Chowkidar in the offiece of Accountant General (Accounts & Establishment). After the death of said Ram Prakash Gaur his wife the petitioner submitted an application for employment on compassionate ground. She also submitted various letters before the respondents. Ultimately the petitioner submitted her representation on 7.01.2010. The same was dismissed vide order dated 13.10.2010, stating that there are no vacancy available for compassionate appointment in Group -D for the year 2002, 2003, 2004 and further the scheme of compassionate appointment has been closed and after May, 2001 no compassionate appointment has been made in Group -D. Having aggrieved the petitioner knocked the door of Central Administrative Tribunal, Main Seat Jabalpur. The learned Central Administrative Tribunal dismissed the original application no. -212/2011 vide order dated 17.10.2011, Annexure P -1. Being dissatisfied with the order of the Central Administrative Tribunal Jabalpur, the petitioner has filed this Writ Petition assailing the order passed by the Central Administrative Tribunal.

(3.) THE learned counsel for the respondents have submitted that the learned Central Administrative Tribunal has passed the order Annexure/P -1 after considering the material available on record. It is further submitted that the petitioner's case was considered for appointment on compassionate ground in Group -D posts but for want of vacancy in Group -D cadre in the year 2002,2003 and 2004 the petitioner could not be appointed. Thereafter the matter was finally closed as per the direction received from the Government of India office memorandum dated