- (1.) BY way of this writ petition, the non -applicants of Original Application ('OA') No. 135/2004 before the Central Administrative Tribunal, Jodhpur ('the CAT') have questioned the order dated 26.08.2004, whereby the CAT has allowed the OA filed by the present respondent and has directed the present petitioners to consider her case for appointment on compassionate ground with reference to the demise of her husband Patwari Ram.
(2.) THE applicant -respondent made a prayer for appointment on the basis of compassionate ground with the submissions that her husband Shri Patwari Ram was employed as a temporary status employee with the Commanding Officer, 375 Coy ASC (Sup) Type C; and expired on 12.01.2004 while in service. It was submitted that the deceased employee was survived by his widow i.e. the applicant, four daughters and two sons; and that the family was in penury having no means of livelihood and no earning member with the eldest child being of the age of 16 years. Her prayer for appointment on compassionate ground was turned down by the petitioners on the ground that there was no provision in the rules to accord employment to the dependents of the deceased employee, who was having only the temporary status as a casual labourer. Aggrieved, the respondent filed the OA aforesaid. The OA was resisted by the present petitioners with the submissions that the husband of the applicant was absent without leave and as per post mortem report, the cause of death was head injury due to accident; and that no service record in respect of the applicant's husband was available since he was a temporary status labourer. It was submitted that the applicable scheme dated 09.10.1988 did not provide for giving appointment on compassionate grounds to the dependents of the persons holding only the temporary status.
(3.) BEFORE the CAT, it was a position admitted on behalf of both the parties that controversy stood covered by a decision of CAT in the case of Smt. Santosh Vs. ICAR, decided on 31.05.2004. However, legal pleas were sought to be advanced before the CAT on behalf of the present petitioners.;