ANIMA DEVI Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has approached this Court with a prayer for quashing the Letter being Ref. No. PD/112/2011/383 Dated 08.03.2011 (Annexure-10) whereby representation of the petitioner dated 27.01.2011 (Annexure-9) for appointment of her son on compassionate ground has been rejected by the Manager (PL) (C&J), IISCO Steel Plant (Respondent No. 4). The said application was filed by her in pursuance of the order of this Court dated 13.01.2011, passed in W.P.(S) No. 5605 of 2010. The petitioner has further prayed for a direction upon the respondents to consider claim of the petitioner on the basis of letter dated 20.03.2008 (Annexure- 2).

(3.) The facts of the case in brief is that petitioner's husband Ramanad Singh, aged - 55 years was working as Mining Sardar, Upper Seam, Department of Mining, Chasnala Colliery, Chasnala having his personal number 40075. Upon accidental death of petitioner's husband on 20.03.2008, one U.D. Case No. 258 of 2008 was lodged where son of the deceased claimed that his father died while going to attend his duty. It was reported that on 20.03.2008, at around 7:45 a.m., the deceased had started for attending his duty at Chasnala Colliery on foot from the quarter and at around 8:00 a.m., when he was crossing Iron Pool of Kandra, he slipped and fell down and became senseless. Upon information his family members reached to the spot and with the help of local people, the deceased was brought to Chasnala Colliery Hospital, where the doctors declared him dead. During course of inquiry, it was confirmed that said Iron Pool had become very old and was in bad shape which resulted into falling down of the deceased resulting his death. The postmortem report disclosed cause of death due to injuries caused in the head and chest from a hard substance. The Assistant Manager (PL) [Respondent No. 3], vide his letter no. PD/111/08/420, dated 20.03.2008 (Annexure-2) informed the petitioner that dead body of the deceased was brought to Chasnala Dispensary on 20.03.2008 at 9:00 a.m. The letter further mentions that death occurred while the deceased was coming on duty for first shift and further, employment against the death will be given after postmortem report as per rule of the Company within a week. After the postmortem report received on 21.03.2008 confirming the death caused because of injuries caused by hard and blunt substance in head and chest of the deceased, the petitioner approached respondents several times for providing employment to her son Chandan Kumar Singh who fulfils the required criteria. However, when no heed was paid by the respondents even after filing representations dated 29.08.2008, 10.09.2008 and 27.07.2010, she moved this Court by filing writ petition bearing W.P.(S) No. 5605 of 2010. The said writ petition was disposed of on 13.01.2011 with a liberty to the petitioner to file fresh representation before respondent no. 2. It was specifically directed by the Court to consider the representation and pass appropriate order within six weeks after receipt thereof and if the petitioner's son is found entitled, to give him employment. It is averred that vide Ref. No. PD/112/2011/383, dated 08.03.2011, the representation dated 27.01.2011 filed by the petitioner has been rejected without verifying the facts alleging therein that the petitioner's husband did not die in course of his employment and thus, the respondents have totally changed their stand without any basis and hence this writ petition.