RAM SAGAR CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and the learned counsel for the Union of India.

(2.) THE petitioners are son and widow respectively of one Ramayan Choudhary, who was deceased on 17.12.1993 while posted as Head Constable in the Border Security Force. It is not in controversy that the petitioner no. 2 applied for appointment of her son, petitioner no. 1, on compassionate ground within time. It appears from the counter affidavit filed on behalf of the respondents that the claim of the petitioner no. 1 came to be rejected on 22.3.2004 due to his physical unfitness as he could not meet the requirements for chest measurement upon expansion. Nonetheless the respondents in March 2005 have sent an offer to petitioner no. 2 for appointment on compassionate ground at the M.I. Room of 74 Bn. BSF.

(3.) SUBMISSION made on behalf of the petitioners is that the petitioner no. 2 is by now much advanced in age and not in a position to avail the benofit of compassionate appointment because of her own physical limitations. The petitioner no. 1 was therefore willing to accept such appointment as the respondents may offer including the appointment offered to petitioner no. 2.