SIYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed against the order dated 10.09.2008 passed by learned Single Judge in W.P(S) NO.1901/2008 wherein the petitioner/appellant herein had challenged the order dated 5.3.2008 passed by the Commandant, officiating ADIG(ADM) for DIG & Commandant by which her appointment on the post of 'Aya was ordered to be discontinued with effect from 5.3.2008. The relevant details under which the controversy arose leading up to the filing of this appeal, emerges out of an unfortunate situation when the appellant -Smt. Siya Devi lost her husband in the year 1981 who was in the service of Border Security Force as a Constable who died in harness. The appellant, Siya Devi, thereafter, filed an application for granting appointment on compassionate ground on account of the death of her husband. The request of the appellant -Siya Devi was acceded to and an order of appointment dated 14.8.1981 was issued in her favour by the Commandant, Border Security Force, Gujrat and she was granted appointment as a sweeper in the maternity centre against the existing vacancy on a consolidated salary of Rs.200/ -per month. This appointment was thereafter duly approved by the D.I.G.,B.S.F., Gujrat. The petitioner continued in this capacity up to 2.7.1993 and in the year 1993 itself she was transferred to her native place at Hazaribagh in the State of Jharkhand by order dated 2.7.1993 as contained in Annexure -4 to this memo of appeal and the order further indicated that she will draw a basic salary of Rs.560/ -per month. The order further states that this transfer shall not be treated as a break in her service.

(2.) LEARNED counsel for the respondents under the aforesaid circumstance although submitted that the appellant is not entitled to secure an order of permanent status, it was not possible for him to argue that she could have been removed even from service although she was in the service for the last 26 years.