J U D G M E N T

The petitioner is before this Court seeking compassionate appointment on the death of the petitioner's husband, who was run over by a train when he was proceeding to the operational/field area. The death occurred on 18.01.1997, when the deceased was proceeding to an operational area. By Ext.P1, he was detailed to attend the 'Pinaka trials' to he held at Balasore. It was while he was getting down at Balasore railway station that he fell down and was run over by the train on 18.01.1997.

2. The application made by the petitioner before the Army authorities were declined for reason of no vacancy having arisen within the period of one year, O.P. No.1655/2003 which is the limit prescribed under the Central Government scheme. The petitioner herein claims appointment on the basis of Ext.P18 order with the State Government.

3. The learned Government Pleader specifically points out that the petitioner having died in an unfortunate accident, would not be covered under Ext.P18, going by the eligibility conditions. The eligibility conditions in G.O.(P) No. 315/96/GAD dated

12.11.1996 is as follows:

“ 3. The concession under this scheme shall be applicable to one dependent of the foll