UNION OF INDIA Vs. UMA DEVI

JUDGEMENT

(1.) This writ petition is directed against the order dated 14.07.2006 (Annexure-3), passed by the Central Administrative Tribunal, Patna Bench, in O.A.No. 739 of 2005 (Uma Devi & Anr. Vs. The Union of India & Ors.), whereby the original application preferred by respondent no.1 herein has been allowed, and the authorities (petitioners herein) have been directed to consider her daughter's claim for appointment on compassionate ground.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. Bhim Mandal was in the services of the Eastern Railways. He had married one Urmila Devi. While the marriage was subsisting, and after promulgation of the Hindu Marriage Act, 1955, (hereinafter referred to as the `Act'), he married respondent no.1 herein. Three daughters were born out of this combination. Respondent no.2 is one of them. The employer died on 02.02.1997, while still in harness, leaving behind two widows and three children. The post-retirement benefits were distributed among the two widows. Dispute arose as to payment of the post- retirement benefits leading to O.A.No. 572 of 2004 (Annexure-1), at the instance of respondent no.1 herein. The same was allowed by the Central Administrative Tribunal, Patna Bench, by order dated 27.05.2005 (Annexure-1), and it was directed that Uma Devi (respondent no.1) shall be paid the post-retirement benefits.

(3.) Respondent no.1 staked her claim for appointment on compassionate ground also, and desired that respondent no.2, her daughter from Bhim Mandal, may be given appointment on compassionate ground leading to present O.A.No. 739 of 2005, which has been disposed of by the impugned order, and the authorities have been directed to consider the case of respondent no.2 for appointment on compassionate ground. Hence this writ petition at the instance of the authorities.