ORDER 1. Heard learned counsel for the parties. 2. The petitioner is seeking to secure appointment on compassionate ground. Her husband, was a Sepoy having died in service on 28.4.2000, She made an application soon thereafter for compassionate appointment as Sepoy on 22.5.2000. By communication dated 7.1.2002 she was informed that her application for appointment was not found suitable and her application was rejected. Then the rejection order was challenged before the Central Administrative Tribunal, Patna Bench, Patna. The Tribunal vide its order dated 13.4.2005 passed in O.A. No. 279 of 2005 directed the Commissioner, Central Excise, Patna to consider the case of the petitioner and pass a reasoned order. As a consequence thereafter a reasoned order dated 28.7.2005 (Annexure1) was passed by the Commissioner, Central Excise, Patna in which entirely different stand was taken by stating that department processed her application in accordance with the procedure for compassionate appointment. However, for want of vacancy in compassionate appointment quota in the grade of Sepoy, she could not be offered appointment and her case was kept in the waiting list. In the meantime a policy decision/instruction on compassionate appointment was issued from the Department of Personnel and Training according to which if compassionate appointment could not be offered for three years such applicant's application may finally be closed and in view thereof case has been closed. However, the order dated 28th July, 2005 is clearly contrary to the earlier communication dated 7.1.2002 about the rejection of application. Apparently it appears that new grounds have been found for denying the consideration of the application of the petitioner, at least for three successive years from the date of her application, which was made soon after the death of the incumbent. The respondents are, therefore, directed to produce before the Court details about the vacancies of successive three years from the date of her application for consideration on the basis of the merit against the available vacancies for each year. They shall produce the vacancies of successive three years against compassionate appointment which could have been made while considering the application of the petitioner as well as the minutes of consideration of petitioner's application. The necessary information be submitted to the Court within for weeks. The case may be listed before a Bench of which Barin Ghosh is a member. 3.
The necessary information be submitted to the Court within for weeks. The case may be listed before a Bench of which Barin Ghosh is a member. 3. A copy of this order be handed over to the learned counsel for the respondent.