IMPORTANT POINT
The main legal point established is that eligibility for compassionate appointment under the scheme is contingent upon the retired government servant being declared unfit for civil employment, as determined by the medical board report.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. K.U. Ahmed, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for all the respondents.

2. By filing this petition, the petitioner has assailed the order dated 11.01.2020 passed by the Col, OC Troops for GOC, whereby the claim of the petitioner for compassionate appointment is was rejected on the ground that the husband of the petitioner was not medically boarded out of service and had retired from service on attaining the age of superannuation on 31st October, 2003.

3. The case projected is that the husband of the petitioner was serving under the Indian Army and he had undergone surgical operation and finally placed in the low medical category, wherein, he was found medically unfit and thereafter released from service on 31.10.2003. The petitioner has contended that she was appointed as messenger in the year 2007 on contract basis by the respondent authorities. In the year 2012, she was removed from service as messenger. Thereafter, the petitioner has claimed for engagement under the scheme of compassionate appointment of the respondent authority. However, her application was rejected by the respondent authority. Being aggrieved of rejection of her claim, the petitioner approached this Court by filing WP (C) 3678/2018 and this Court vide order dated 28.02.2019 had disposed of the same. The relevant paragraphs are quoted herein-below:

“10. As regards the submission made by the learned ASGI that this Court had made an observation that the petitioner’s husband did not expire while in service but after superannuation and the claim of the petitioner for appointment perhaps would not be justified as it is outside the scheme of compassionate appointment, it may be mentioned that the petitioner is not seeking appointment on the death of her husband but on the ground that her husband was medically boarded out while alive and was unfit for civil employment. Since it is not the claim on the death of husband of the petitioner but, because of medical condition of her husband, this Court is of the view that the petitioner’s case can be considered under the aforesaid scheme also.

11. In this regard, it may also be noted that the petitioner is presently serving as a Messenger on contractual basis since 2007 which indicates that she is otherwise eligible and suitable to discharge the duties of Messenger and hence, there should not be any difficulty on the part of the authorities to appoint her on regular basis under the aforesaid scheme.

12. Accordingly, the present petition is disposed of with direction to the respondent authorities to reconsider the case of the petitioner under the scheme for compassionate appointment as applicable by examining as to whether the petitioner’s husband at the time of his service, was found unfit for civil employment and if that is so, the petitioner’s appointment should be considered as her age can also be relaxed in terms of the paragraph 6 of the aforesaid scheme, more so, when she has been serving as a Messenger since 2007.”

4. It is contended that the since the direction of this Court has not been complied with, a contempt petition was filed and during the pendency of the contempt petition, the authority has issued the impugned order dated 11.01.2020 rejecting the claim of the petitioner.

5. Mr. K.U. Ahmed, learned counsel for the petitioner by referring to the report of the medical board submits that the medical board has clearly remarks that the husband of the petitioner was fit for release/discharge in medical category (A3 P3). He submits that as per the scheme for compassionate appointment, it provides that a dependent family member of a government servant died in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government servant concerned from financial destitution and to help it get over the emergency, the dependent family member would be appointed o