DOLI DOLUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated 17th August, 2009 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application on the ground of want of locus standi of the writ-petitioner, as according to His Lordship, the petitioner being a daughter-in-law of the deceased employee, could not lawfully claim herself to be a "dependant" so as to get an order of appointment on compassionate ground. Being dissatisfied, the writ-petitioner has come up with the present appeal.

(2.) There is no dispute that the father-in-law of the appellant was an employee of the respondent and died-in-harness on 28th October, 2004 leaving not only his widow but also his three married daughters and a son, the husband of the appellant, who was alive at that point of time.

(3.) On 19th February, 2009 the appellant filed an application before the employer of her deceased father-in-law for considering her prayer of appointment on compassionate ground for the death of her father-in-law informing that in the meantime her husband who had earlier applied for appointment on compassionate ground had already died and on 19th March, 2009 her mother-in3 law, the widow of the deceased employee, gave her "no objection" in favour of granting appointment to the writ-petitioner. The grievance of the appellant in her writ-application was that the respondent authority did not consider her application for giving appointment on compassionate ground.