THDC INDIA LIMITED, THROUGH ITS CHAIRMAN & MANAGING DIRECTOR Vs. BEENA CHAMOLI, W/O LATE VINOD CHAMOLI

JUDGEMENT

(1.) Appellants are the respondents in the writ petition. The late husband of the respondent / writ petitioner was initially appointed by the appellants in the year 1991 as an Attendant. Still later, he came to be promoted as a Data Entry Operator. On 03.04.2003, the husband of the writ petitioner passed away. He was survived by the writ petitioner and a son.

(2.) Writ Petition (S/S) No. 1868 of 2005 was filed by the writ petitioner complaining that her case for compassionate appointment was not being considered. The writ petition was disposed of on 06.03.2006 with the direction to decide the representation dated 02.06.2005. By order dated 13.06.2006, the representation was rejected. On 02.04.2007, it appears that a Scheme was put in place by the appellants to make provision for the dependents of deceased employees. It was provided that the said Scheme will have effect notwithstanding any pending application under the Dying in Harness Scheme.

(3.) Challenging order dated 13.06.2006, Writ Petition (S/S) No. 437 of 2007 was filed by the writ petitioner. Vide judgment dated 05.01.2011, the learned Single Judge of this Court quashed the order dated 13.06.2006. The Chairman and the Managing Director was directed to consider the case of the writ petitioner for compassionate appointment. It was further directed that it was to be considered with regard to her financial position as in 2003, as she had made the application in 2003. Appellants appealed the said judgment by filing Special Appeal No. 13 of 2011. The judgment passed by the learned Single Judge was affirmed by the dismissal of the appeal on 10.06.2011.