ORIENTAL INSURANCE COMPANY LTD. Vs. P.P.SHAINY

JUDGEMENT

(1.) A learned Single Judge of this Court has directed the appellant herein the Oriental Insurance Company Ltd. (the Company hereinafter) to appoint the respondent to an apposite post in their services under the Compassionate Appointment/ Dying-in-harness Scheme (The "Scheme" for short), more than 25 years after the death of her father, who was their employee.

(2.) The company assails the impugned judgment, principally contending that the direction to grant the afore appointment on compassionate ground to the respondent, more than 25 years after the death of her father, is illegal and contrary to the binding precedents of the Honourable Supreme Court.

(3.) We will first deal with the most necessary facts: According to the respondent, she is the adopted daughter of late Achuthan Nair, who was in the services of the company; and that, consequent to his unfortunate death in the year 2000, she was left without any succour, thus in deep financial crisis. She says that she, therefore, made an application for appointment under the 'Scheme' on 6/6/2001, but which was returned by the company, after having waited for over three years, for the reason that the same was not supported by an order or document showing that she had been legally adopted. She says that she, therefore, approached this Court through WP(C)No.12132 of 2004, to obtain Ext.P1 judgment, in which, the "Company" undertook that if she were to produce documents of legal adoption, her case would be considered for appointment under the "Scheme" prevalent at the time her father died.