UNION OF INDIA Vs. DRAUPADI BEHARA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) The respondent No.1 is the widow of one late Ishwar Chandra Behara, who was working EDDA cum EDMC. He died on 25-2-1995. Indisputedly, he left behind his widow and five sons including respondent No.2. An application for employment of respondent No.2 as a compassionate measure was filed before the authorities. The same was rejected on the basis of an enquiry conducted which revealed that the sons were living together and there was no prima facie evidence of any separation. An application under Section 19 of the Administrative Tribunals Act, 1985 (in short the Act) was filed before the Central Administrative Tribunal, Cuttack Bench (in short the CAT). It was pleaded that the authorities were not justified in rejecting the application for compassionate appointment merely on the basis that the report indicated about joint living of the widow and the five sons. The present respondents filed an application under Article 227 of the Constitution of India, 1950 (in short the Constitution) before the Orissa High Court i.e. OJC No. 15059 of 1998. By the impugned judgment, the High Court held that the decision of the authorities rejecting the prayer for compassionate appointment was not in order. Direction was given to appoint the present respondent No.2 within a particular time with the condition that respondent No.2 will financially support respondent No.1 so long as she is alive.