J.S.Khehar, J. - (1.) The husband of the petitioner was a constable in the BSF. He, however, died in harness. As a consequence of the death of the petitioner's husband, her name was registered in the waiting list for appointment against the post of constable (Daftri). It is apparent that the name for the aforesaid appointment would be considered at her turn on account of the fact that a large number of applicants were on the waiting list for want of vacancies. The aforesaid factual position emerges from the order dated 15.4.1999 (Annexure P2) . In the meantime, so as to provide immediate relief to the petitioner, she was appointed on contractual basis for a period of 11 months as a sales girl at the CSD canteen. On the expiry of her tenure of employment, she was repeatedly granted extensions. By the impugned order dated 6.2.2006 (Annexure P4) the petitioner has been relieved from her employment as a sales girl at the CSD canteen on account of the discovery of the fact that she has since remarried constable Ashok Kumar. It is the instant order which is subject matter of challenge at the hands of the petitioner.
(2.) We enquired from the learned counsel for the petitioner whether her claim to continue against the post held by her emerges from any statutory or legal right or any other administrative or executive instructions. Learned counsel for the petitioner, however, submits that the claim of the petitioner emerges from labour laws.
(3.) Having considered the matter in its totality, we are of the view that the petitioner was accommodated as a sales girl in the CSD canteen on account of the fact that she needed immediate financial assistance on account of the fact that she was widowed. Her husband being an ex-employee of the BSF, she was accommodated on the post referred to above. However, as is apparent from the document dated 15.4.1999 (Annexure P2) there are a large number of other widows on the waiting list, waiting to be accommodated for the same reason as the petitioner was accommodated when she was engaged on contractual basis as a sales girl in the CSD canteen. We are of the view that the dispensation of the service of the petitioner on account of the fact that she has remarried is fully justified. Another widow will obviously be accommodated in her place.;