GOL BIBI Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) Present petition is filed seeking writ of Mandamus commanding the respondents to consider the case for compassionate appointment of either of the petitioners. Late Sri K.A. Ansari, husband of the petitioner no. 1 and father of the petitioner no. 2, who was working with Steel Authority of India, had died in harness on 11.5.1995 at the age of 39 years leaving behind his widow i.e. petitioner no. 1 and 7 minor children including the petitioner no. 2. As per the paragraph nos. 7, 10, 11, 12 & 13 of the writ petition, petitioner no. 1 had applied for compassionate appointment immediately after the death of her husband, and thereafter, on 18.10.2002 once again reminded the respondents to grant compassionate appointment.

(2.) Respondents have filed counter affidavit as well as supplementary counter affidavit. The specific stand taken by the respondents is that petitioner had never applied immediately after the death of her husband for the compassionate appointment. It has further been asserted that no such application is available on the record of the respondents. Further contention of the respondents is that petitioner infact had applied for the first time on 13.03.2004 for the appointment of her son namely, Md. Jafar Imam on the compassionate ground, copy of which is annexed as annexure B to the supplementary counter affidavit and thereafter, had again applied vide application dated 23.04.2004 to appoint her another son namely, Salim Sarwer on compassionate ground, copy of which is annexed as annexure C to the supplementary counter affidavit. It has further been pleaded by the respondents that a person seeking compassionate appointment should approach immediately after the death of the bread winner. Since no application was moved within a reasonable time, therefore, compassionate appointment to the petitioner no. 2, the son of the petitioner no. 1 or in favour of Md. Jafar Imam, another son of the petitioner no. 1 is not possible.

(3.) I have heard learned counsels for the parties and perused the record minutely.