- (1.) THE petitioner's husband, who was working as 'Safaiwala' in the headquarters under the Administrative Commandant, Station Headquarters, Ranchi, died on 4.2.2003. After his death, the petitioner applied for compassionate appointment of her son -in -law, which was rejected on the ground that son -in -law cannot be given appointment on compassionate ground. In 2006, the petitioner changed her option and requested for appointment of her unmarried daughter and the same was also rejected on the grounds mentioned in the order dated 19th June, 2006, as contained in Annexure -5 to the writ petition. The relevant portion of the aforesaid order reads as follows: "...4. As per Para 2.4 of DOPT OM No. 2/8/2001 -PIC dated 16th May, 2001, vacancies under 5% quota for compassionate appointment are to be worked out from the vacancies approved by the Government for direct recruitment under annual direct recruitment plan. The Ministry of Defence (MOD) has pointed that the consy estt has been sanctioned by the local army authorities and not by the MOD and consequently has totally stopped recruitment of consy staff. The consy staff has thus become a dying cadre.
(2.) THE proposal was taken up with the Deptt. of Personnel and Training (DOPT) to allow to utilize 5% of annual wastage vacancies of consy staff for making compassionate appointments as strength of other categories under Addl. Dte Gen of Staff Duties is very meagre and does not have vacancies under 5% quota from them for compassionate appointments. The DOPT has not agreed to the proposal for the reason that compassionate appointments cannot be allowed in the dying cadre. Addl. Dte Gen of Staff Duties (SD -7) has received about 180 total cases for consideration of compassionate appointment during last two years. All the cases have been turned down for want of any vacancy under Govt. prescribed 5% quota in conservancy estt and other estts under Addl. Dte Gen of Staff Duties during last two years.
(3.) THE request of Smt. Sumitra Devi is hereby turned down due to non -availability of any vacancy under Govt. prescribed 5% quota for compassionate appointment both in consy estt and other estts.";