SITWA DEVI, WIDOW OF LATE TAPESHWAR NONIA Vs. BHARAT COKING COAL LIMITED, THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR, DHANBAD

JUDGEMENT

(1.) HEARD Mr. K.K. Ojha, learned counsel for the Petitioner and Mr. A.K. Mehta, learned counsel assisted by Mr. Rupesh Kumar for the Respondents.

(2.) THE Petitioner in the instant case has prayed for quashing the Order dated 17/18.9.2001 (Annexure -5) by which the application of tl:1e Petitioner for appointment on compassionate consideration consequent upon the death of her husband has been rejected on the ground of delay.

(3.) IF the Petitioner's husband had in fact absented from duty right from 10.9.1988 to 23.3.1994 (sic -23.8.1994?) (i.e. almost six years) then in that case, this Court is of the opinion. that giving a compassionate appointment to the dependant of a absentee would not be equitable in so far as the Respondents are concerned. However, in the event, the Petitioner's husband had never absented, then her application was within one year the same having been filed on 21.7.1995.