BINA KUMARI Vs. IRCON INTERNATIONAL LTD

JUDGEMENT

(1.) The appellant challenges judgements and decrees dated 29.9.2007 and 19.2.2008, passed by the Additional Civil Judge (Senior Division) Ambala Cantt. and the Additional District Judge, Ambala dismissing her suit, as also her appeal.

(2.) The appellant's husband died in harness on 2.1.2004. She thereafter filed an application for compassionate appointment and in the alternative prayed that her husband's application for voluntary retirement under the Voluntary Retirement Scheme be accepted and monetary benefits be granted accordingly. The respondents opposed this prayer by asserting that as her husband was working as a Khalasi, on adhoc basis she could not be granted compassionate appointment. The respondents also pointed out that they had spent Rs. 10.15 lacs on his treatment from July 1999 to 2.1.2004 and after he passed away, had paid gratuity, anticipatory gratuity, provident fund, GSLI, employees linked insurance, funeral expenses etc., to the appellant. The addition, it was stated that pensionary benefits were being paid to the appellant and minor children from January 2004 under the Employees Pension Scheme 1995. As regards the application for Voluntary Retirement, it was asserted that as the appellant's husband passed away before the application could be considered or processed, she would not be entitled to any benefits.

(3.) The trial Court, after considering the merits of the controversy, dismissed the suit by upholding the contentions put forth by the respondents. In appeal, the first appellate Court dismissed the appeal and affirmed the findings recorded by the trial Court.