ANITA VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) SHORT question arising in this petition is as to "whether the married daughter of the deceased could be included in the definition of Family for the purposes of seeking appointment on compassionate ground?"

(2.) AVINASH Chandra was serving in Telecommunication department as Supervisor. He died on 27. 2. 94 while in service leaving behind his widow Smt. Maggi Devi and his married daughter Smt. Anita Vyas. Except Anita, he has no other issue. On the death of her father, Smt. Anita applied for appointment on compassionate ground but she was denied appointment on various grounds, therefore, she had filed original application no. 228/96 before the Central Administrative Tribunal, Jodhpur Bench, Jodhpur (for short `the Tribunal' ). The learned Tribunal by its order dated 5. 10. 2000 dismissed that application, therefore, she has filed this petition under Art. 227 of the Constitution.

(3.) FROM the facts of the instant case, it is clear that she was living with her husband after her marriage in other State of Karnataka. At the time of death of her father, only her mother Maggi Devi, widow of deceased, was staying. Annex. R/2 clearly provides that on the sudden death of the government servant, those family members leaving with the deceased who are in immediate need of assistance would only be considered for appointment on compassionate ground. That includes son or daughter or near relative of a government servant.