SMT. SUNITA Vs. THE LIEUTENANT GOVERNOR & OTHERS

JUDGEMENT

(1.) The petitioner is the married daughter of the late Laxmi Narayan who was a Jetty-Man in the Afloat Establishment of the Directorate of Shipping Services. He was the sole bread-winner of the family when he expired on 28th November 2001, while in service, leaving behind surviving, the writ petitioner and two minor children from his second marriage. In paragraph 5 of the writ petition, it has been stated that the writ petitioner's parents were legally separated when she was only five years of age. It is also stated that the writ petitioner's mother abandoned her and re-married.

(2.) The petitioner had applied for appointment on compassionate ground since she was undergoing tremendous financial hardship. The petitioner has been engaged by the concerned respondent authorities to work on a contractual basis since the year 2009 and is still continuing in such contractual employment. The petitioner has now approached this Court under Article 226 of the Constitution of India essentially seeking its intervention in respect of an order dated 22nd June, 2018, passed by the learned Central Administrative Tribunal, Calcutta Bench, Circuit at Port Blair, whereby the learned Tribunal refused to interfere with an order dated 22nd August, 2016, rendered by the concerned respondent authority rejecting her request for compassionate appointment, inter alia, on the ground that she was a married daughter of the deceased employee and as such, had lost her status of dependency of the deceased government employee (referred to as the "deceased Govt. servant" in the said order dated 22nd August, 2016 passed by the Assistant Director(Admn), Andaman and Nicobar Administration, Directorate of Shipping Services). The learned Tribunal, however, found nothing wrong with the order dated 22nd August, 2016. It also took note of the fact that her husband was gainfully employed.

(3.) Now the question which comes up for consideration in the facts and circumstances of the instant case is whether the petitioner's prayer for compassionate appointment, consequent upon the death of her father while in service, could have been rejected by the Administration on the ground of her marital status making her lose the status of dependency, which appears to be the primary reason for her prayer being rejected, as appearing in the order dated 22nd August, 2016, passed by the Assistant Director (Admn) Andaman and Nicobar Administration, Directorate of Shipping Services.