High Court of Judicature at Allahabad
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Union Of India And Others v. Km. Sushma Pandey And Another - WRIT - A No. 73850 of 2005  RD-AH 6947 (5 December 2005)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This petition has been filed challenging the judgment and order dated 16.12.2004 and the subsequent order dismissing the review application vide order dated 16.8.2005 by which the Central Administrative Tribunal, Allahabad quashed the order dated 19.4.2002 and directed the present petitioners to consider the case of the applicant/respondent No. 1 Km. Sushma Pandey for appointment on compassionate ground.
The facts and circumstances giving rise to this case are that the father of respondent No.1 died in harness. She made an application for compassionate employment and though she was offered the appointment by the letter dated 5.12.2000 but she was not permitted to join. She, therefore, approached the Tribunal and her claim petition was allowed by the impugned judgment and order and the review application filed by the petitioners was rejected. The Tribunal has recorded a finding that once the appointment letter had been issued, there was no reason for the petitioners not to permit her to join and rejected the contention advanced by the petitioners that there was no vacancy on the ground that if there was no vacancy, the said appointment letter dated 5.12.2000 could not have been issued. No attempt had been made by the petitioners to explain before the Tribunal why the vacancy was filled up. In such a situation, we are not inclined to entertain this petition.
The writ petition is devoid of merit and is, accordingly, dismissed.
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