(1.) PETITIONERS, who are mother and son of late Mushtaq Ahmad, have filed this petition seeking direction to respondents to give compassionate appointment in lieu of death of said Mushtaq Ahmad who expired on 30-04-1987.
(2.) MUSHTAQ Ahmad was employed as Driver in respondent-Madhya Pradesh State Road Transport Corporation and was posted at Satna. He left behind petitioner No. 1 and four sons and three daughters including petitioner No. 2. After the death of MUSHTAQ Ahmad petitioner No. 1 filed an application for appointment of her one of the sons viz., Mumtaz Ahmad on compassionate ground.
(3.) SINCE no return is filed on behalf of the respondents, the matter therefore is examined on the anvil of the pleadings and the documents filed along with the petition. It is observed that after the death of Mushtaq Ahmad, which was on 30-04- 1987, the family has survived for all these years and even the dues were settled in favour of the petitioner No. 1 as per the settlement arrived at between the petitioner No. 1 and another wife of said Mushtaq Ahmad namely Smt. Piran Begum. In Punjab National Bank & others v. Ashwini Kumar Taneja : (2004) 7 SCC 265 it is observed by their W.P. No.6756.02 lordships :