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PETITIONER: STATE OF MANIPUR AND OTHERS

       Vs.

RESPONDENT: SMT.A. ONGBI MEMCHA DEVI & ANR.WITHCIVIL APPEAL NO 5712 OF 1

DATE OF JUDGMENT17/04/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  (4) 210        1995 SCALE  (3)608

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      These appeals  by special leave arise from the judgment and order dated 22.2.1994 passed in Civil Review Application No.17 of 1993 in C.R. No.97 of 1991 and CR 97/91 of the High Court of  Gauhati at  its Bench at Imphal. One, A. Raghumani Singh, was  appointed in the service of Manipur State and he died in  harness. Therefore,  his widow  Smt. Arambam  Ongbi Memcha Devi,  was  appointed  as  L.D.C.  on  1.1.1974    on compassionate grounds  and she  was promoted  as  U.D.C.  on October 13,  1981. In 1991, she filed a writ petition in the High Court  for direction  to appoint  her brother-in law on compassionate grounds.  The writ petition was allowed by the High Court  in Civil  Rule No.97  of 1991,  against which  a Review Petion was also dismissed. Thus, these two appeals by special leave.  Though time  was taken for filing counter by the respondent, no counter has been filed.      The brother is not a dependent of the deceased employee who died  in harness.  Since on  compassionate grounds,  the widow has already been appointed and she has been continuing in serviced  they cannot  claim further  employment  on  the basis of  the death  of the  employee in  harness. The  High Court was, therefore, not correct.      The appeals  are accordingly allowed. The orders of the High Court  are set aside. In the facts and circumstances no costs.