RAJESH RAMDIN PASI Vs. GROUP GENERAL MANAGER

JUDGEMENT

(1.) The appellant - original petitioner is the son of deceased Ramdin Pasi who died on 18.02.1995 while in service of the respondent - ONGC as Khalasi. As per the averments made in affidavit-in-rejoinder, he had made first representation to the director (Personnel) of the respondent - Company on 22.09.2000 and thereafter on 17.05.2001, his widow mother made an application to the Manager (P & A) of the respondent - Company but same could not be referred to by him in his writ petition no. 12169 of 2003 as he could not lay his hands on it or produce it along with his writ petition. Be that as it may.

(2.) He had filed the writ petition i.e. special civil application no. 12169 of 2003 in August, 2003 on the basis of his representation dated 18.02.2003 (Annexure `B') made to the Group General Manager and Chairman of respondent company stating that his father was in service of ONGC since 1967 and served up to 18.02.1995 as Khalasi, who died 18.02.1995 leaving behind him his widow and six daughters and one minor son - appellant petitioner. On attaining majority, he had applied for appointment on compassionate ground. However, his representation was turned down on 17.03.2003 by the respondent - ONGC (Annexure `C') on the ground that under the rules, the application is to be made within six months from the date of death of his father which was not made within six months. Therefore, at the most, he can apply for financial assistance in lieu of gainful employment which can be considered as provided under the rules of ONGC.

(3.) His writ petition was summarily dismissed by the learned single Judge on 19.08.2003 on the ground that one cannot expect the respondnet ONGC to keep the post of Khalasi vacant for so many years after death of father of the petitioner in 1995. The learned single Judge also considered the reply (Annexure `C') given by the ONGC to the application made by the petitioner stating that financial assistance may be given to him in lieu of gainful employment. The learned single Judge accordingly, directed the petitioner to apply before the ONGC for giving financial assistance as mentioned in its letter at Annexure `C' and on such appliation being made, the ONGC was directed to pass appropriate order in accordance with law and in consonance with the letter dated 17.03.2003. Aggrieved by this, the appellant petitinoer has filed this appeal.