UNION OF INDIA Vs. TUNIRANI DAS

JUDGEMENT

(1.) HEARD Mr. J.K. Mishra, Learned Assistant Solicitor General appearing for the petitioners and Mr. S.P. Mohanty, Learned Counsel for the opposite party No. 1.

(2.) THIS writ petition has been preferred by the petitioners against the judgment and order dated 20.1.2003 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 234 of 2002 which was filed by opposite party No. 1 against the rejection of her case for compassionate appointment and for a direction to the authority concerned to provide compassionate appointment in her favour. The Tribunal allowed the O.A., quashed order rejecting the case of the O.P. No. 1 which was impugned therein and further directed the petitioners to provide a compassionate appointment (Group -D post) to the opposite party No. 1 by granting necessary relaxation in qualification, if any, within a period of three months from the date of receipt of copies of its order.

(3.) THE brief facts of the case are that the late husband of opposite party No. 1 was a driver in the office of the Superintendent of Post Offices, Cuttack South Division who expired on 1.3.2000 leaving behind his widow (the present O.P. No. 1), mother's two minor sons and one minor daughter. Thereafter, the opposite party No. 1 moved an application for compassionate appointment praying therein that since she was possessing the education qualification of Class -V pass only, her appointment was liable to be considered in Group -D post after relaxing the education qualification. There was only one vacancy in Group -D post available in Compassionate quota and as many as 34 number of applicants were on the prey. The cases of four candidates including opposite party No. 1 found to be most deserving were to be considered.