UNION OF INDIA Vs. KUMARI KIRAN CHOWDHARY

JUDGEMENT

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

(2.) Petitioners have preferred this writ petition challenging the impugned order dated 02.05.2012 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur (hereinafter referred to as 'the Tribunal'), whereby Original Application No.398/2011, filed by applicant/respondent, has been disposed off, with a direction to the non-applicants/ petitioners to consider her case for compassionate appointment.

(3.) Briefly stated, the facts of the case, are that the applicant's brother Rajesh Choudhary was a regular Railway employee, who died on 10.10.2009 while in service; he was a bachelor; the father of the applicant retired from the post of Sub Inspector, RPF on 31.08.2003. The case of the applicant is that after superannuation of her father, there were disputes within the family and differences cropped up over the issue of marriage of the applicant. The applicant, therefore, started living with her brother, she became fully dependent on her brother Rajesh Choudhary. Her name was entered in the Ration Card of her brother and her name was also mentioned in the voter list. The applicant, thereafter, completed the educational qualification of M.A., Ph.D. from J.N.V. University, Jodhpur. Soon after the death of her brother, she applied for compassionate appointment, vide her application dated 19.11.2009 along with supporting documents. Respondent No.4 rejected her application vide order dated 04.02.2010, on the ground that applicant is not included as a dependent in the Past/PTO declaration, submitted earlier by the deceasedemployee and her father is alive and is a railway pensioner.