LAWS(CAL)-1992-2-51

KEKA PATHAK Vs. UNION OF INDIA & ORS.

Decided On February 28, 1992
Keka Pathak Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) In this application, the applicant has challenged a letter dated 5.12.89 from the Garrison Engineer (C), Calcutta raising some objection against her employment on compassionate ground.

(2.) The facts of the case are that the applicant's father, Late Shanti Pathak, was an employee under the aforesaid Garrison Engineer and died while in service in August 1985. The applicant's mother, Smt. Pratima Pathak, applied to the Chief Engineer, Calcutta Zone on 25.9.85 for employing her (the applicant) on compassionate ground. In this application the full details of the dependants of deceased Shanti Pathak were given and the prayer for employment of the daughter in preference to the eldest son was preferred stating that the family was in dire distress because of the premature death while in service of the late Shanti Pathak. The applicant was at that time studying in the 2nd year of B.A. class. On the direction of the respondents the applicant sent a certificate that she was willing to serve anywhere in India in February 1988. Thereafter, an enquiry was conducted through the District Collector according to which the condition of the applicant's family was investigated by the Revenue authorities and their report appears as Annexure -B to the application. According to this, the applicant's mother was employed as a Teacher with a monthly income of approximately Rs. 1306/ -. Besides the applicant, the widow had five dependents out of which except for the applicant, the eldest son, younger than the applicant, was major at that time. But this son, it is claimed, was a patient of epilepsy and was illiterate. A certificate of his disability/sickness is available as Annexure -D to this application. After all this, the respondents gave a reply on 5.12.89 in which the competent authority's following remarks were communicated :

(3.) From the side of the respondents the above facts have not been very much disputed. But they have pointed out some discrepancy in the details of the family as furnished by the applicant or by the revenue authorities and those submitted by the late Shanti Pathak while he was in service. It has been stated that the application for employment of the applicant was forwarded to the Engineer -in -Chief, New Delhi for consideration and the impugned reply dated 5.12.89 communicates the comments made by the aforesaid authority. At the same time, the respondents have stated that the employment of the applicant on compassionate ground is still under consideration and that such employment can be given only when a suitable vacancy is available.