DURGA KAUR Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) The instant intra-court appeal is directed against the order/judgment dtd. 3/10/2018 passed by the learned Single Judge of this Court in W.P.(S) No.5599 of 2017, whereby and whereunder, the claim of the writ petitioner seeking death-cum-retiral benefits on compassionate appointment and family pension, claiming herself to be the widow of late Jagarnath Ojha said to have died in harness on 2/12/1974 while working under Steel Authority of India Limited, in short 'SAIL', at Bhawanathpur Lime Stone Mines has been declined to pass any positive direction by dismissing the writ petition.

(2.) The brief facts of the case are required to be referred herein which reads hereunder as The writ petitioner happens to be the widow of the deceased employee, namely, late Jagarnath Ojha. Her husband was appointed in the year 1968 as Driller Staff in Bhawanathpur Lime Stone Mines on permanent basis, the services was confirmed on 1/7/1971 being Permanent Staff No.5360. He was died in harness on 2/12/1974. The writ petitioner was directed to submit all relevant documents and duly attested photographs for payment of death-cum-retiral benefits and also for fixation of family pension. The SAIL has not given any family pension and other benefits to the writ petitioner and as such, the information was obtained under Right to Information Act which was supplied to the writ petitioner stating therein that the husband of the writ petitioner was working, however, it was stated that as there is delay, his file cannot be traced.

(3.) Mr. Rajeeva Sharma, learned Senior Counsel appearing for the writ petitioner assisted by Mrs. Neetu Singh has submitted that the fact about employment of husband of the writ petitioner is not in dispute. The death in harness on 2/12/1974 is also not in dispute but as yet no terminal benefit, appointment on compassionate ground as also the family pension have given on the ground of non-availability of the record. With respect to delay of 43 years on the date of filing of the writ petition, submission has been made to take lenient view on compassion.