- (1.) Heard learned counsel for the parties.
(2.) The petitioner-Union of India is aggrieved against the order dated 08.3.2011 passed by the Central Administrative Tribunal, Patna, Circuit Bench at Ranchi,(in short -Tribunal), passed in O.A. No. 102/2010(R) by which the Tribunal has directed the petitioner to consider the case of the appointment of the applicant on compassionate ground against a Group 'C' post on merits either in their office or in establishments directly under them in which such posts are available.
(3.) From the facts, it appears that the applicant is the widow of employee D.K. Das, who was a Group 'D' employee of Kendriya Vidyalaya situated in Meghahatuburu, West Singhbhum, who died in harness on 21.03.2000 leaving behind two minor girls and the wife applicant. The applicant applied for her appointment on compassionate ground on 29.06.2000. In September, 2000 she was informed vide letter dated 08.09.2000 that request of the applicant for appointment on compassionate ground on Group 'D' post could not be accepted. The applicant filed an application on 20.02.2001 followed by another application on 18.08.2001 which was duly forwarded by the Principal, Kendriya Vidyalaya, Meghahatuburu with favourable recommendation. The applicant was informed vide letter dated 26.12.2001 by the higher authority stating therein that since some services of Group 'D' posts have been privatized, no vacancy existed in Group 'D' and, therefore, request for compassionate appointment could not be accepted. The applicant has requisite qualification and is eligible for compassionate appointment but because of that reason, her application for compassionate appointment was rejected. In view of the above, she filed O.A. No. 114/2002 before Tribunal which was disposed of on 12.03.2003 with direction to the respondent-authority to reconsider the case of the applicant in view of the statements made by the respondents in their reply.;