UGANI DEVI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner for getting compassionate appointment because of death of her husband who has expired 19th November, 1991 while in service of the respondents.

(2.) Counsel for the respondents opposes the prayer for compassionate appointment on the ground that the very purpose for compassionate appointment has now been frustrated because of lapse of approximately two decades.

(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the very purpose of compassionate appointment has been frustrated by now. Moreover, the petitioner is claiming herself to be the wife of the deceased employee, namely late Rameshwar Oraon, but another lady has also claimed to be the wife of late Rameshwar Oraon and she has also filed her claim for compassionate appointment of her son, namely Nandkishore Oraon. The claim of the Nandkishore Oraon is that his mother Jayanti Devi is the first wife of the deceased employee Shri Ramehswar Oraon who has expired during the course of his employment with the respondents. Though it appears that there are two wives of late Shri Rameshwar Oraon - one is Jaynati Devi and another is this petitioner. Already a claim is pending before the respondents-authorities of one Shri Nandkishore Oraon, who is the son of first wife of late Rameshwar Oraon. Petitioner being the second wife, the claim cannot be entertained by the respondents and therefore, an order has been passed by the respondents rejecting the claim of the present petitioner and in view of this fact, this petition may not be entertained by this Court.