RAJ BAHADUR Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) THOUGH the matter has been called in the second round, none has been appeared on behalf of the petitioner.

(2.) SINCE the Indian Oil Corporation Limited (for short 'respondent -Corporation'), declined the claim of the petitioner for appointment on compassionate grounds vide order dated 13rd July, 2004; the petitioner has instituted the instant writ proceedings praying for the following relief(s): - -

(3.) IN response to the notice of the writ application, the respondent -Corporation has filed its counter affidavit pleading that all the admissible terminal benefits were settled and released in favour of the nominee of Late Shri Lalbahadur Soni i.e. Smt. Rama Soni. The Scheme for "Employment of Dependant of Employee", which was in vogue at the relevant time, contemplated that if the dependent of the deceased desired to get employment, an application for the same was to be submitted within a period of 12 months from the date of death or permanent disablement of the employee. In case employment is not sought; the spouse was eligible to receive a lump -sum payment including compassionate gratuity, which will be equal to 30 months' Basic Pay last drawn by the deceased employee subject to a minimum of Rs. 25,000/ - and a maximum of Rs. 50,000/ - in lieu of employment. Admittedly, the date of birth of the petitioner is 10th April, 1987. The dependent wife of the deceased (Smt. Rama Soni) opted and accepted the benefit of compassionate gratuity without any demur, therefore, the petitioner is not entitled to any relief. Moreover, the writ petition suffers with the vice of delay and laches.