JUDGEMENT
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(1.) This appeal is at the instance of an unsuccessful writ petitioner and is
directed against an order dated 17th August, 2009 passed by a learned Single
Judge of this Court by which His Lordship dismissed the writ application on the
ground of want of locus standi of the writ-petitioner, as according to His
Lordship, the petitioner being a daughter-in-law of the deceased employee, could
not lawfully claim herself to be a "dependant" so as to get an order of
appointment on compassionate ground.
Being dissatisfied, the writ-petitioner has come up with the present
appeal.
(2.) There is no dispute that the father-in-law of the appellant was an
employee of the respondent and died-in-harness on 28th October, 2004 leaving
not only his widow but also his three married daughters and a son, the husband
of the appellant, who was alive at that point of time.
It appears from record, that the husband of the writ-petitioner, on
January 6, 2005, filed an application for considering his case of appointment on
compassionate ground as the dependant of his father but before any
communication was conveyed to the husband of the writ- petitioner about the
fate of such application, he died on 27th July, 2007 leaving the appellant and
three minor sons as his sole heirs and legal representatives.
(3.) On 19th February, 2009 the appellant filed an application before the
employer of her deceased father-in-law for considering her prayer of appointment
on compassionate ground for the death of her father-in-law informing that in the
meantime her husband who had earlier applied for appointment on
compassionate ground had already died and on 19th March, 2009 her mother-in3
law, the widow of the deceased employee, gave her "no objection" in favour of
granting appointment to the writ-petitioner.
The grievance of the appellant in her writ-application was that the
respondent authority did not consider her application for giving appointment on
compassionate ground.;
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