Kamla Devi & Others vs Union Of India & Ors

Om Prakash VII, Member (J)

Present Shri Sunil holding brief of Ms. Gulafsha, learned counsel for the applicant, Shri Avinash Kumar Sharma, learned counsel for the applicant and Shri Pramod Kumar Rai, learned counsel for the respondents.

At the outset, learned counsels for the applicants submit that the present original application has been filed by the applicants with a simple prayer that the respondents may be directed to decide the representation dated 15.03.2021 to consider the claim of the applicant no. 2 for appointment on compassionate grounds and accordingly the OA may be disposed of at this stage with a suitable direction to the respondents.

Learned counsel for the respondents argues that the applicants have no locus standi to claim the relief of compassionate appointment and they are not dependent on the deceased employee and thus the relief claimed in the matter cannot be acceded to and accordingly any direction as sought in the relief clause may not be issued.

I have heard the rival contentions of the parties. Without going into the merits of the case, it will be appropriate that this original application is disposed of at this stage itself as the only relief sought by the applicants is that representation dated 15.03.2021 which is lying pending with the respondents be decided at the earliest. Accordingly, in view of the limited prayer of the applicants and as argued by the applicants’ counsel, the present original application is disposed of at this stage with a direction to the competent authority amongst the respondents to decide the representation dated 15.03.2021 by way of a reasoned and speaking order within a period of 3 months from the date of this order. The copy of the said order be communicated to the applicant within 10 days thereafter.

With above directions, Original Application No. 616 of 2021 is disposed of.

There shall be no order as to costs.