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 and 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.) IT was contended by learned counsel Shri Shukla for the appellant that rules for compassionate appointment are silent for minors. He submitted that when his father died in 1995, he was minor aged 15. Therefore, he could apply only after becoming major and when he first applied in 2001, there was no response. Therefore, he made another representation in 2003 but the same was turned down on the ground that it was submitted after a period of six months of death of his father.