SARIKA Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the parties.

(2.) Order dated 20th November, 2008 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur(for short 'the Tribunal') is under challenge in this writ petition, whereby original application, filed by the applicant/petitioner seeking appointment on Group C Post in place of Group D Post on compassionate ground, has been dismissed.

(3.) Briefly stated the facts of the case are that husband of the petitioner died while in service on 3rd February, 1998. She moved an application for appointment on compassionate ground. Her application was examined by the respondents and she was informed that she has been found suitable for appointment on Group C Post in Railways and accordingly, she was asked to remain present for medical examination. The petitioner also placed on record a copy of medical report before the Tribunal. However, when the petitioner was informed that she will have to join the post of Telephone Operator at Gandhidham, she refused to join and subsequently, she was offered an appointment on Group D post, i.e. post of Hamal in the pay scale of Rs. 2550-3200. The petitioner joined Class IV post on compassionate ground, which was offered vide letter dated 4th April, 2001. After five years, the petitioner made a representation to the respondents that post in Group C is available, therefore, she may be appointed in Group C Post. Her representation was rejected by the respondents vide order dated 22nd May, 2006, which was challenged by the petitioner before the Tribunal. The Tribunal vide order dated 20th November, 2008 rejected the original application of the petitioner. Hence, present writ petition has been preferred by the petitioner.