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2021 Supreme(SC) 941

D.Y.CHANDRACHUD, A.S.BOPANNA
Union of India – Appellant
Versus
Amrita Sinha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Madhavi Divan, Mr. S.S. Rizvi, Ms. Vaishali Verma, Ms. Seema Bengani, Mr. Arvind Kumar Sharma, Adv
For the Respondent: Mr. Rabin Majumder, Adv

ORDER :

1. Delay condoned.

2. Leave granted.

3. The Division Bench of the High Court of Judicature at Madras, by its judgment dated 26 April 2018, has affirmed the judgment and order of the Central Administrative Tribunal1[“Tribunal”], directing the appellants to reconsider the claim of the respondent for appointment on compassionate grounds for a post corresponding to her qualifications against vacancies for 2014-15.

4. The spouse of the respondent was holding the rank of Sargent in the Indian Air Force. During the course of his employment, he died due to cancer on 6 January 2008, leaving behind the respondent and two minor children. An application was filed by the respondent seeking compassionate appointment, but, it was rejected on 17 February 2011. A subsequent application which was filed on 11 February 2014 was also rejected on 16 June 2015 on the ground that the respondent had secured merit points which did not enable her to obtain compassionate appointment.

5. The Union of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) issued an OM2[OM No. 14014/6/94-Estt(D)] on 9 October 1998 titled “Scheme of Compassionate Appointment u

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