Court No. - 33
Case :- WRIT - A No. - 11757 of 2021 Petitioner :- Smt. Anita Devi Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Salil Krishna,Amarendra Mani,Babu Ram Yadav Counsel for Respondent :- A.S.G.I.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing Writ Petition No. 14029 of 2020 in respect of her grievance relating to grant of compassionate appointment consequent upon death of her husband. The writ petition was disposed of on 1.2.2021 requiring the authority to consider such claim. The claim of the petitioner has been considered by the Commandant 180th Battalion B.S.F., who has observed in his order that petitioner has not been able to secure appointment on the post of Constable as her height is found short. The order further records that there is no vacant post available and by taking considerate view the respondents have offered a contractual appointment to petitioner which she has refused to accept.
Learned counsel for the petitioner after obtaining instructions from his client states that petitioner in the peculiar facts and circumstances of the case is willing to accept contractual appointment subject to her claim being considered for regular appointment as and when a vacancy occurs on a Class IV post.
Sri S.P. Singh, learned ASGI appearing for the respondents states that in the absence of availability of post, it has not been possible for the respondents to consider petitioner's claim for regular appointment on a Class IV post.
In view of the statement made on behalf of the petitioner, it is provided that in the event petitioner reports for work before the Commandant concerned within four weeks from today, she would be allowed to join in the Joint Hospital, Raninagar on the consolidated fixed salary pursuant to the order dated 20.4.2020 passed by the Commandant and her claim for regular appointment shall be considered as and when vacancy on a Class IV post comes into existence.
With the above directions, this writ petition stands disposed of.
Order Date :- 23.9.2021 Ranjeet Sahu