FAKRUDDIN USMANBHAI SUMERA Vs. ONGC

JUDGEMENT

(1.) Fakruddin Usmanbhai Sumera original petitioner in SCA No. 1331 of 1993 has preferred the present appeal against the order passed by the learned single Judge on 15.2.95.

(2.) The father of the petitioner was working as a security personnel with the respondent ONGC. He died on 23.1.1994 when he was on duty. The ONGC is having a scheme for providing financial assistance as well as making appointment on compassionate ground. As per the said scheme, it seems that the employer-respondent- ONGC had offered an amount of Rs. 45,000/- initially which was raised to Rs. 85,000/- for the familly of a deceased employee. But it seems that same offer was not accepted and thereafter present petition was filed in August 1993.

(3.) The claim of the petitioner was resisted by the respondent ONGC on three grounds. It was contended that the petition for appointment on compassionate ground was not tenable in view of the provisions of the said scheme for appointment on compassionate grounds. It was further contended that the employer ONGC if, happened to offer the amount as per the Scheme to meet with the needs of the bereaved family, than there could not be a policy to give appointment on compassionate grounds and lastly it was contended that the petition was filed at a very late stage and therefore, it deserves to be dismissed.