SHAGUFA BANO AND MD. SUNAID ALAM Vs. CCL

JUDGEMENT

(1.) THE points, in both the writ petitions, are inter -related. The petitioner of the writ petitions claim their appointment on compassionate ground after the death of late Md. Idris in harness while he was posted as Superintendent Engineer under the respondents -M/s. Central Coal Fields Ltd.

(2.) THE case of Shagufa Bano the petitioner in WP (S) No. 4192 of 2007 is that her husband had married twice. His first wife was one Sahnaz Khatoon. Out of the said wedlock, there are two sons, Jawed Ahmad Siddique and Md. Junaid Alam (petitioner of WP (S) No. 2478 of 2007). The second son, Jawed Ahmad Siddique was born in 1990. Thereafter the first wife of Md. Idris died in 1990. Second marriage with the petitioner Shagufa Bano took place in 1991. At that time, the second son, Junaid Alam was living with his maternal uncle as his adopted son. The petitioner claims that Md. Idris had made the petitioner and his first son, Jawed Ahmad Siddique, as his nominees for 50% each. The petitioner was also made nominee for the purpose of appointment.

(3.) MD . Junaid Alam -petitioner of WP (S) No. 2478 of 2007, on the other hand, has prayed for a direction on the respondents to appoint him on compassionate ground and pay the amount of the death -cum -retiral benefits, according to his share which he is entitled to get after the death of his father, late Md. Idris, including the share in pension.