- (1.) The Union of India through instant writ petition has challenged the order of Central Administrative Tribunal, Jaipur Bench dated 13th July 2000 whereby while allowing the Original Application preferred by the respondent the Tribunal has set aside order dated 23rd September 1995 by which husband of the respondent was dismissed from service. The Tribunal further directed to sanction family pension and other pensionary benefits to the applicant with effect from the date of her husband's death and also to consider the case of her adopted son for appointment on compassionate grounds.
(2.) The husband of the applicant-respondent late Raj Kumar was appointed as Group-D employee on regular basis on 08th February 1979. He was promoted to the post of Helper Khalasi. While working on the post of Helper Khalasi he expired on 27th May 1998 leaving behind his wife (applicant) and his mother. A boy namely Manish Kumar is stated to have been adopted by the applicant on 26th August 2008. The applicant had sought employment on compassionate grounds for her adopted son Manish Kumar as well as release of family pension and payment of other pensionary benefits.
(3.) Learned counsel for the petitioners has contended that as the husband of the applicant had been dismissed from service vide order dated 23rd September 1995, with effect from 28th August 1995, for remaining absent from duty without leave, she was not entitled to any pensionary beneifts. He further submitted that as her son was adopted by the applicant/respondent herein after the death of her husband, he is not entitled to be considered for compassionate appointment.;