RADHA VISWANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition is preferred challenging Ext.P8 order whereby the request of the petitioners herein to grant compassionate appointment to the 2nd petitioner, the daughter of the deceased, on the ground that she was depending on her father at the time of his demise, was rejected.

(2.) It is the case of the petitioner that late T.V.Viswanathan died on 18/3/2012 while working as Semi Skilled Worker (SSW), Electrical Sec. in the 2 nd respondent Cochin Shipyard Ltd. (CSL). By that time, he had 22 years of qualified service. The 1st petitioner herein was, being the wife, completely dependent on him. The reason assigned for seeking compassionate appointment is that the 2 nd petitioner and her husband were looking after the 1 st petitioner, who is suffering from various diseases as evident from Ext.P1.

(3.) In response to the said contention, the learned counsel appearing for the 2nd respondent submitted that the 1st petitioner is well taken care of by the existing CSL system. She is getting proper medical allowances. In the counter affidavit filed by the 2nd respondent, it is stated that the husband of the 1st petitioner and the father of the 2nd petitioner and the 4th respondent joined the service of CSL on 8/8/1974 and were to retire on 31/8/2012. But five months and 11 days prior to his retirement he died on 18/3/2012. It is seen from the available company records that an amount of Rs.11,30,587.00 as Gratuity and Rs.4,86,350.00 towards Provident Fund were disbursed to the legal heirs of the deceased. Apart from the above, the 1 st petitioner is also eligible for Family Pension under the EPS Scheme. It is also submitted that the 1 st petitioner has enrolled under the medical assistance scheme for retired employees by CSL which, every year, provides for a medical insurance coverage of Rs.8.00 lakhs for in-patient treatment, reimbursement upto Rs.20,000.00 for outpatient treatment, which extends to Rs.40,000.00 in case of critical illnesses. In addition to the above, if retired employees/dependants are taking long term medicines for lifestyle diseases, then upon furnishing prescription by a medical practitioner, medicines are forwarded by the Respondent to the home address of the employee/dependant by courier. Accordingly, the 1st petitioner had enrolled herself in the medical assistance scheme of CSL for retired employees, she has no dependency on the 2nd petitioner for her medical expenses.