KUSUM JUGRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) CM No.10444/2006 (delay) For the reasons stated in the application, the application is allowed. Delay in filing the appeal stands condoned. The appeal is taken on record. The application stands disposed of in terms of the aforesaid order. LPA No.1713/2006 This appeal is directed against the judgment and order passed by the learned Single Judge dismissing the writ petition filed by the appellant herein. The appellant filed the writ petition seeking an order that she should be given a compassionate appointment by the respondents. The aforesaid prayer was rejected by the learned Single Judge as against which the present appeal is filed.

(2.) We have heard the learned counsel appearing for the parties and have gone through the records. In order to appreciate the contentions made, background facts are required to be narrated at this stage.

(3.) The husband of the appellant was working as Deputy Sports Manager with the respondent No.2 in its Bongaigaon Refinery Office at Bongaigaon, Assam. On 8th January, 2002, the husband of the appellant met with an accident on the 31-C National Highway, at an intersection. As a result of the aforesaid accident, husband of the appellant died leaving behind the widow, the appellant and two minor children. The appellant applied for compassionate appointment to the respondent No.2 on 29th July, 2002. The said request was considered by the respondent and by letter dated 7th October, 2002, the respondent rejected the request for compassionate appointment stating as follows: "we refer to your letter dated 29.07.2002 on the above subject. We have perused the details stated in your above referred letter. On examination of the details of the case available in company records, the accident of late J.P. Jugran can not be treated as a work related accident death case. As such, in accordance with the policy of the company it is not possible to consider your request for employment on compassionate grounds, which was also informed vide our letter of even number dated 11.06.2002. You would kindly appreciate that with a view to mitigate hardship of the family members of a deceased employee, the company has adopted certain schemes for providing financial assistance in addition to statutory benefits. As already informed, the total amount which you have received/ would receive under various schemes, works out to about Rs.34 laksh approx. This amount is in addition to the monthly pension and the compensation which you would receive under the Motor Vehicle Act. With these financial assistance, which is substantial, you can very well tide over the sudden financial crisis. You would also appreciate that the basic object of compassionate appointment is to enable the penurious family of the deceased employee to tide over the sudden financial crisis and not provide employment. We sincerely share your grief; however, keeping in view the object of providing employment on compassionate ground and the provisions of the BRPL Employees Rehabilitation Scheme, we are not in a position to provide you any employment in the company."