MEENA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) <DJG>SHIVA KIRTI SINGH,J.</DJG> Heard the parties.

(2.) The petitioner is widow of a Class IV employee of a Government Company which was earlier known as Mica Trading Corporation of India Limited. Upon death of her husband in January 1995, the petitioner applied for appointment on compassionate basis on 18.5.1995. The said application was followed by further representations but her claim was rejected by an order dated 6.10.1995 contained in Annexure -1. The petitioner, in fact, wants quashing of the order contained in Annexure -1 and direction to the respondents to appoint her on compassionate ground.

(3.) Admittedly, Mica Trading Corporation of India Limited was a Government company which had become sick some time earlier to death of petitioner's husband and hence since 1991 a decision was taken not to appoint any person even on compassionate ground. Subsequently, on account of intervention by the Board of Industrial and Financial Reconstruction (in short 'BIFR'), the Mica Trading Corporation of India Limited was merged with another Government company known as Mineral and Metal Trading Corporation of India Limited. The merger was effected in June 1996 but with effect from 1.4.1995 as per order of BIFR. The BIFR found the company to be the over -staffed and therefore, reduction of man -power strength was imposed as a condition precedent of the said merger. As per counter -affidavit, in 1991, the total staff strength in MITCO was 1380 (approx) which was required to be reduced to 220, but in spite of several measure the strength could be reduced to 508 when the rehabilitation scheme was approved by BIFR.