ORDER
Shanker Raju, Member (J)
1. Heard the learned Counsel for the parties.
2. This is a case where the applicant claims compassionate appointment on account of the death of her husband, who was electrocuted and was paid compensation as well.
3. Learned Counsel would that as per DOPT OM of 1998, keeping in light the circumstances of death, a special relaxation is to be given to the applicant for compassionate appointment. Applicant cites example of Smt. Alka Awal, whose sanction has been received on 28.2.1997 and was appointed on compassionate basis by an order dated 30.10.2003. According to applicant, death of her husband had taken place in similar circumstances as in case of Smt. Alka Awal. Learned Counsel states that she will disclose two other names as well if she is accorded an opportunity to represent to the respondents.
4. On the other hand, learned Counsel for respondents vehemently opposed the contentions and stated that the claim of the applicant has been processed four times but due to the points / marks given to applicant which were less than the points given to others and also for want of vacancies, the case of the applicant could not be considered.
5. I have heard the learned Counsel for the parties and perused the material placed on record.
6. I make it clear that emoluments with retiral benefits given to the deceased employee are not the sole criteria to consider the cases under indigent circumstances. It is also pointed that in the matter of compassionate appointment, no discrimination is meted out that would be antithesis to the Articles 14 & 16 of the Constitution. Though the compassionate appointee has no right of appointment but right of consideration is always available. This right of consideration when discretion is vested in the respondents should be judicious. If a thing is to be done judiciously, it is always inclusive of a consideration under Article 14 of the Constitution.
7. In the light of examples cited by the applicant, which is not specific in the present OA and to which the respondents have not been given an opportunity to rebut, this OA is disposed of with a direction that in the event the applicant prefers a representation to the respondents within two weeks from today citing the similar cases where compassionate appointments have been made in the death causes in similar circumstances, respondents shall consider the claim of the applicant in the light of Articles 14 & 16 of the Constitution by passing a detailed and speaking order within a period of two months from the date of receipt of any such representation from the applicant. No costs.