RASHMI BHATT Vs. SECRETARY CUM LABOUR COMMISSIONER

JUDGEMENT

(1.) Present writ petition has been filed by the Petitioner seeking writ of mandamus to the Respondents to appoint the Petitioner on compassionate ground to the post of UDC-II, pursuant to the letter dtd. 24/1/2020, issued by Respondent No. 2, as well as to disburse all service benefits of her late husband such as family pension, death gratuity, leave encashment etc. to the Petitioner.

(2.) Petitioner's husband late Sh. Dinesh Kumar Bhatt was a Government employee under Respondent No. 1 since 11/5/1989 and worked for a period of about 24 years. On 11/10/2013, he went missing from his office and subsequent thereto, in 2014, Respondent No.1 intimated Respondent No. 2 that late Sh. Dinesh Kumar Bhatt had, in fact, been promoted from Grade-III to Grade-II (DASS). On 03. 02.2016, Petitioner filed a missing report of her husband at the concerned Police Station. On 24/1/2020, a letter was issued by Respondent No. 1 with reference to Petitioner's application dtd. 9/1/2018, regarding grant of terminal benefits and compassionate appointment, requiring her to furnish certain documents/information for processing the benefits admissible after 7 years, in case of an employee who goes missing.

(3.) It is the case of the Petitioner that she has already submitted the GPF book of service of her husband, complete in all respects, indicating the amounts deducted/contributed in the GPF account, from the various Departments under Respondent No. 2, where her husband worked, from time to time. All other documents including the Death Certificate of Petitioner's husband, her Aadhar Card, copies of Birth Certificates of her minor children, educational certificates of the Petitioner, No Dues Certificate from NDPL with electricity bill, photographs of marriage and Driving License of the Petitioner, have also been submitted to the Respondents and yet despite passage of considerable time, Respondents have neither released the benefits due and payable to the Petitioner nor offered compassionate appointment.