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2007 Supreme(Raj) 2195

R.M.LODHA, R.S.CHAUHAN
Manju Nigam – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Shailendra Srivastava, Advocate.
For the Respondent:K.K. Sharma, Advocate.

JUDGMENT

1. - R.K. Nigam- the husband of the present appellant was substantively employed on the post of HSG-II in the Postal Department. He died unfortunately on 4th December, 1999 leaving behind his widow (the present appellant) and two young daughters. As per the policy of the Department of Post for appointment under relaxation of Recruitment Rules on compassionate ground, the appellant applied vide her application dated 13.12.1999/4.1.2000 for appointment in the Postal Assistant Cadre. He: application was rejected on 5th February, 2001 inter-alia on the grounds : (i) that she has been getting family pension amounting to Rs. 2,800/- per month; (ii) that the terminal benefits to the tune of Rs. 4,30,957/- has been paid to her, and (iii) that she was in possession of the residential house and KVP of Rs. 2,50,000/-. She was, thus, informed that her financial condition did not appear to be indigent requiring immediate relief.

2. The petitioner challenged the order dated 5th February, 2001 by filing Original Application No. 182/2001 before the Central Administrative Tribunal.

3. The Tribunal observed that the provisions of the scheme for compassionate appointment were liberal and that









































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