- (1.) The petitioner was the unmarried sister of the deceased employee who died in harness leaving him surviving the petitioner and his widowed mother. The deceased employee died in 2002.
(2.) The petitioner applied for her compassionate appointment along with her mother. The Authority considered her case in 2004, where she got 56 out of 100 and thus could not reach the bench mark to get compassionate appointment in 2004, as we find from the communication dated July 23, 2004, appearing at page 54 of the petition. The petitioner was, however, assured by the said communication that her case would be considered in future. In 2006, she was again considered, however, she could not come within the zone of consideration, as we find from the communication dated June 22, 2006. The Authority informed her that her request for compassionate appointment was kept alive for three years, she could not come within the zone of consideration within the stipulated period. Hence, her case was rejected and treated as closed. She accepted the position and did not approach the Tribunal or any other Authority for about three years.
(3.) On September 07, 2009, she made a representation before Her Excellency, the President of India. She also made further representation to the Secretary, Government of India, Ministry of Defence, on April 28, 2010. The Authority vide communication dated September 08, 2010 once again rejected her prayer. The contents of the said letter being relevant herein is quoted below:- "With reference to Your application for employment assistance on compassionate ground in respect of Kum. Bhagabati Sarkar daughter of Late Kalipada Sarkar, an Ex-employee of this factory, it is further intimated that the case has been considered along with others on the basis of comparative merit points as assessed by the duly constituted Board of Officers (B.O.O). But, it is regretted that due to Non-availability of vacancies meant for the purpose no employment assistance could be offered by this factory and your case had been treated as closed as per policy guide lines of OFB, Kolkata/MoD which was intimated to you vide this office letter No. 1630/3/LB dated 22-06-2006.";