JUDGEMENT
SHREE CHANDRASHEKHAR,J. -
(1.) On death of her husband namely, Satyanarayan Mehra, who had joined General Reserve Engineer Force, the widow petitioner submitted an application in prescribed Form for compassionate appointment on 26.04.2011. When even post retiral dues accrued on death of her husband and family pension were not paid to her, she approached this Court by filing the present writ petition on 13.08.2014.
(2.) Briefly stated, husband of the petitioner while posted at Gangtok died in harness on 21.07.2010. At the instance of the respondent authority who forwarded prescribed D.D. Form for compassionate appointment, the petitioner submitted her application on 26.04.2011 and the Board of Officers assessed her eligibility and economic status of the family, in the light of the extant guidelines. She was awarded 66 Relative Merit Points on a 100 point scale and in the month of June, 2012, she was placed at Sl. No. 43 along with 230 candidates for compassionate appointment. In the counter affidavit, the respondents have asserted that Rs. 4,00,370/2 has now been paid to the petitioner vide letter dated 10.05.2016 as terminal dues payable to her. It is further pleaded that she is paid Rs. 9574/- per month as family pension.
(3.) The learned counsel for the petitioner contends that the reasons disclosed in the counter affidavit for not offering compassionate appointment to the petitioner are contrary to the Office Memorandums issued by the respondents themselves. It is contended that the petitioner, who was placed at Sl. No. 43, in view of the facts disclosed in paragraph no. 11 of the counter affidavit, should have been offered appointment, however, she has been denied compassionate appointment by illegally excluding her from consideration.;
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