LAWS(P&H)-2008-4-209

SANGEETA KAZAL Vs. S S DAWRA AND ANOTHER

Decided On April 22, 2008
SANGEETA KAZAL Appellant
V/S
S S DAWRA AND ANOTHER Respondents

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 8.8.2003, Annexure P-7, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the 'Tribunal'), whereby an application moved by the petitioner for initiating contempt proceedings against the respondents, was dismissed.

(2.) The husband of the petitioner, late Shri Satya Prakash Kazal, was a member of the All India Services allocated to the State of Jammu and Kashmir. He committed suicide and died on 30.9.1997 leaving behind his wife Sangeeta Kazal, present petitioner, a step daughter and aged mother. The petitioner is getting family pension of Rs. 4850/- per month i.e., half of the total pension.

(3.) The petitioner sought appointment on compassionate ground by filing Original Application under Section 19 of the Administrative Tribunal Act, 1985, before the learned Tribunal. The learned Tribunal, vide order dated 4.4.2002, Annexure P-1, observed that the Union of India has hundreds of departments and it should come for the help of the petitioner and provide compassionate appointment to her in any department of the Central Government. Therefore, the learned Tribunal directed the Union of India through the Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, New Delhi, to consider the case of the petitioner to provide her compassionate job in any department of the Central Government, preferably within a period of 3 months from the date of receipt of a copy of that judgment. Since the petitioner was not given appointment on compassionate ground, therefore, she filed a Contempt Petition before the learned Tribunal alleging disobedience of the order passed by the learned Tribunal. The said application has been dismissed by the learned Tribunal vide order dated 8.8.2003, Annexure P-7, impugned in the present writ petition.