UNION OF INDIA Vs. MEENA DEVI

JUDGEMENT

(1.) The present writ application has been filed assailing the order, dated 16.12.2009 (Annexure-3), passed in O.A. No.655 of 2008 and also the order dated 19.03.2013 (Annexure-9), passed in R.A. No.11 of 2011, arising out of O.A. No.655 of 2008, by the Central Administrative Tribunal Patna, Bench Patna( hereinafter referred to as "the learned Tribunal"), whereby and whereunder the order passed, in favour of respondent Smt. Meena Devi for considering her claim for compassionate appointment, has been upheld and the writ petitioners have been directed to consider the case of the sole respondent herein in the next vacancy available for compassionate appointment.

(2.) The facts, out of which the present writ application has emanated, briefly stated, are thus:

(3.) The writ petitioners herein, being respondents before the learned Tribunal, contested the matter and resisted her prayer stating that her case was considered from time to time, but due to non-availability of vacancy and also in view of Notification, dated 05.05.2003, she could not succeed. The writ petitioners herein further referred to the DOP & T Office Memorandum No.14014 /19/2002-Estt. (D), dated 05.05.2003, stating that the DOP & T has extended the time limit for considering the case of compassionate appointment for three years on the ground that the one year limit, prescribed for grant of compassionate appointment, is often resulting in depriving genuine case seeking compassionate appointments. They further contended that on account of regular vacancies not being available regarding the penurious condition of the claimant, within 5% of direct recruitment quota, the maximum time limit for which a person's name can be kept under consideration for offering compassionate appointment will be three years, subject to the condition that the prescribed Committee has certified, in the first and second year, to be offered to the claimant in the third year also, and if compassionate appointment is not possible, his/her case will be finally closed and will not be considered again.