Hon’ble Arun Tandon, J.—Petitioner before this Court made an application for compassionate appointment on the allegation that her mother-in-law expired during harness and that her husband had pre-deceased the mother-in-law meaning thereby that the petitioner was widowed doughtier-in-law of the deceased employee. This application of the petitioner was considered and appointment was offered to her. However, on complaints being made, the appointment has been cancelled under the impugned order dated 28.4.2008. Hence this petition.

2. On behalf of the petitioner, it is contended that the impugned order has been passed without opportunity of hearing to the petitioner and further that the same proceeds on presumption that there is a dispute in respect of the right of the petitioner for such compassionate appointment. He submits that the order cannot be legally sustained.

3. On behalf of the respondents, it is pointed out that a Division Bench judgment of this Court in the case of Basic Shiksha Adhikari, Hardoi v. Madhu Mishra and others, 2009 (27) LCD 995, has specifically held that widowed daughter-in-law of the deceased employee is not included in the scheme providing for compassi