Disposed
Ashadeep Kaur v. Union of India and Others
Punjab & Haryana HCRSA/2090/2012
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Manoj Kumar 2013.09.23 14:22 I attest to the accuracy and integrity of this document High Court Chandigarh
RSA No.2090 of 2012 (O&M)
#1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2090 of 2012 (O&M) Date of Decision: 30.8.2013
Smt. Ashadeep Kaur
.....Appellant(s)
Versus
Union of India and Ors.
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Sandeep Arora, Advocate for the appellant-plaintiff.
Mr. Karminder Singh, Advocate for the respondents-defendants. JASWANT SINGH, J (ORAL)
Plaintiff is in second appeal aggrieved against the judgment and decree of reversal dated 15.2.2012 passed by the learned Addl. District Judge (FTC), Gurdaspur whereby the judgment and decree dated 18.11.2008 passed by the learned trial Court decreeing the suit of the plaintiff for declaration and mandatory injunction was set aside and the defendant-Union of India was directed to re-consider the case of the plaintiff for appointment on compassionate grounds on a post suitable according to her qualifications.
Facts in brief are that the husband of the plaintiff-Ashadeep Kaur was working as a driver in the Army, when he died on 20.6.2003 while on duty. The case of the plaintiff for compassionate appointment was declined vide order dated 9.8.2005 passed by the Army Authorities. Plaintiff-widow filed a suit on 19.1.2006 for declaration that she was entitled to be treated in service of the defendants w.e.f 9.8.2005 on compassionate grounds with all service benefits including arrears of salary etc w.e.f 9.8.2005 while further seeking quashing of the order dated 9.8.2005.
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RSA No.2090 of 2012 (O&M)
The suit of the plaintiff was decreed by the learned Addl. Civil Judge (Sr. Division), Pathankot vide judgment and decree dated 18.11.2008 by holding that the plaintiff was entitled to be treated in service w.e.f 9.8.2005 on compassionate grounds with all benefits w.e.f 9.8.2005; with a further direction to pay all arrears w.e.f 9.8.2005 along with interest at the rate of 12% per annum.
Union of India/Army Authorities went in appeal and the learned lower Appellate Court vide judgment and decree dated 15.2.2012 set aside the judgment and decree passed by the learned lower court with a further direction to the Authorities to re-consider her request for appointment on compassionate grounds on a post suitable according to her qualifications, hence the present regular second appeal.
Upon notice, the respondents have placed on record an appointment order dated 12.3.2013, whereby the plaintiff has been appointed on compassionate grounds as on the post of Majdoor in the pay scale of Rs.4440-7440/-. The same was taken on record vide order dated 2.5.2013.
At the time of hearing today, learned counsel for the respondent states that pursuant to the appointment order, the plaintiff-appellant has joined her duties on 1.4.2013 and he, thus submits that the present appeal has become infructuous.
In response, learned counsel for the appellant-plaintiff admits the aforesaid position.
Dismissed as infructuous.
( JASWANT SINGH ) JUDGE
August 30, 2013 manoj
Smt. Ashadeep Kaur
Union of India
JASWANT SINGH
As recorded by the court registry
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