SARASWATI MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Let the Affidavit-of-service filed by the Petitioner, be kept with the record. The learned advocate for all the Respondents has appeared. The learned advocate for the Respondent does not wish to file any affidavit-in-opposition. She has instead produced the records.

(2.) This writ petition is directed against an order dated 20th May, 2009 passed by the Assistant Security Commissioner, R.P.F/Shalimar, South Eastern Railway rejecting the Petitioner No. 1's prayer for payment of death and service benefits to the writ Petitioner No. 1 arising out of the death of Late Ranjit Kumar Saha, Head Constable attached to South Eastern Railway, as also her prayer for compassionate appointment. This order has been annexed to the writ petition as annexure 'P-7'.

(3.) The case of the Petitioners is that the Petitioner No. 1 was married to Late Ranjit Kumar Saha on 6th Baisakh, 1411 B.S and a male child (i.e. the Petitioner No. 2) was born in the wedlock on 26th August, 2007. The husband of the Petitioner No. 1 having died-in- harness on 28th November, 2007, she made a representation to the concerned Respondents for compassionate appointment as also for release of service benefits in her favour. The Respondents authorities not having given any reply to the representation, she filed a writ petition being W.P. 26531(W) of 2008 before this Hon'ble Court, which was disposed of by a judgment and order dated 27th March, 2009 directing the Respondent No. 4 to the said writ petition to consider and dispose of the Petitioner No. 1's prayer by passing an appropriate reasoned order in accordance with law within a period of four weeks from the date of the receipt of a copy of the order. The concerned Respondent was also directed to give her an opportunity of being heard before the disposal of her prayer. Pursuant thereto, the Respondent No. 4 herein had given a hearing to the Petitioner No. 1. Ms. Madhumita Roy appearing for the Respondents has produced the records wherefrom it appears that the she (sic) the office on 15th May, 2009.