J PADMA Vs. SINGARENI COLLIERIES COMPANY LIMITED

JUDGEMENT

(1.) The petitioner is a widow of one late J. Kumara Swamy, J. Kumara Swamy was working as a Fitter Grade-I in K.K.I. Incline of Singareni Collieries Company Limited; he met with a road accident on 20/09/1991 and ultimately he died on 8/10/1991. After the death of the employee, the petitioner - wife made an application on 4/10/1992 to the third respondent seeking appointment on compassionate grounds in terms of the scheme framed by the management of the Company. The Company did not provide her appointment. On the other hand, she was infortned by the Colliery Manager, KKI Incline, the third Respondent herein, by his letter dated 27/11/1992 that there was no provision for providing employment to female dependent and the petitioner was therefore, eligible to get Rs. 50,000.00 in lieu of dependent employment as per the Rules in vogue. Hence this writ petition seeking a declaration that the action of the respondents in refusing to provide suitable employment as illegal, arbitrary and discriminatory, and for a consequential direction to the respondents to appoint the petitioner in the post of Clerk Grade-II or any other suitable post commensurate with the qualification possessed by the petitioner.

(2.) The Respondents on service of notice, have filed counter resisting the claim.

(3.) Heard the learned counsel for the parties.