SMT. LAXMI CHOUBEY Vs. REGIONAL MANAGER, FOOD CORPORATION OF INDIA & ORS.

JUDGEMENT

(1.) THE husband of the petitioner namely late Shri Gyan Chandra Choubey died on 7 -10 -1998 (Annexure P -1) in harness. Late Shri Gyan Chandra Choubey was working as Watchman in the Godown of Respondent Corporation at Bilaspur (C.G.). The petitioner had made immediately an application before the respondent No.3 on 28.10.1998 (Annexure P -2), for her appointment on compassionate ground. The respondents have failed to pass any order on the application dated 28.10.1998, made by the petitioner. Being aggrieved, the petitioner filed this petition praying for several reliefs, i.e. release of amount of provident fund, balance of gratuity, pensionary benefits and family pension and to grant appointment to the petitioner on any post on the compassionate ground. At the time of hearing Shri Yashwant Tiwari, learned counsel for the petitioner confines his submissions to the relief clause of grant of appointment to the petitioner on compassionate basis on any suitable posts. The respondents have filed their return on 25.11.2002 wherein the respondents in para 5.3 have stated as under:

(2.) THAT the filing of the application Annexure P -2 is admitted. The petitioner's application Annexure P -2, P -3 and P -5 were forwarded to the Regional Office, who will decide the said application according to the merit of the application in accordance with the circular issued by the department. It is submitted that the Head Office of Food Corporation of India, which is a statutory body, vide it's Circular dated 12.09.1990 issued directions for Compassionate appointment. A copy of the said circular is filed herewith Annexure R -1. The Circular provides that the appointment should be within the sanctioned strength and availability of the vacancies of the post. It is submitted here that as soon as the application of the petitioner for the compassionate appointment was received by the District Office the same after due formalities was forwarded to the higher authorities for necessary action. As soon as the vacancy will occur in accordance with seniority of the application, the petitioner's case will be considered.

(3.) THE petitioner by way of rejoinder has pointed out availability position, stating that six persons of 4th class employees have been retired as such there is available vacancy. Be that as it may, the respondents, it view of categorical statements made in their affidavits, are directed to consider the application of the petitioner for compassionate appointment expeditiously, as early as possible within a period of three months on examining suitability and vacancy of the posts. For the reasons stated above, the petition is allowed. No order as to costs.