MARAMI SAUD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K.U. Ahmed, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for all the respondents.

(2.) By filing this petition, the petitioner has assailed the order dtd. 11/1/2020 passed by the Col, OC Troops for GOC, whereby the claim of the petitioner for compassionate appointment is was rejected on the ground that the husband of the petitioner was not medically boarded out of service and had retired from service on attaining the age of superannuation on 31/10/2003.

(3.) The case projected is that the husband of the petitioner was serving under the Indian Army and he had undergone surgical operation and finally placed in the low medical category, wherein, he was found medically unfit and thereafter released from service on 31/10/2003. The petitioner has contended that she was appointed as messenger in the year 2007 on contract basis by the respondent authorities. In the year 2012, she was removed from service as messenger. Thereafter, the petitioner has claimed for engagement under the scheme of compassionate appointment of the respondent authority. However, her application was rejected by the respondent authority. Being aggrieved of rejection of her claim, the petitioner approached this Court by filing WP(C) 3678/2018 and this Court vide order dtd. 28/2/2019 had disposed of the same. The relevant paragraphs are quoted herein below:-