JUDGEMENT
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(1.) This appeal has been preferred against the impugned
judgment and order dated 23.5.2006 passed by the High Court of
Judicature at Allahabad in C.M.W.P. No.28535 of 2006 directing
the appellants herein to reconsider application of respondent no.1
on compassionate grounds.
(2.) Facts and circumstances giving rise to this appeal are that
one Anand Kishore Gautam working as Senior Accountant in the
office of the Accountant General, Allahabad died on 19.3.2001 in
harness, leaving behind two sons aged about 20 and 19 years and a
daughter, aged about 17 years and Smt. Rashmi Gautam, his
widow.
(3.) Respondent No. 1 filed an application for appointment on
compassionate grounds, which came to be rejected by the
appellants on 28.1.2004 in view of the prevailing scheme for
appointments on compassionate grounds. Under the scheme,
vacancies could be filled up on compassionate grounds only upto
5% of the cadre strength falling under direct recruitment quota
during a year in Group 'C ' and 'D ' posts.
The scheme further lays down that the total income of the
family from all sources including terminal benefits after death,
excluding G.P.F., should be taken into consideration. So far as the
post of Group 'C' is concerned, the scheme provides that in case the
family gets more than Rs.3 lakhs, the dependent of the deceased
would not be eligible for employment on compassionate ground.
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