STEEL AUTHORITY OF INDIA LIMITED Vs. ANIMA DEVI

JUDGEMENT

(1.) By Court:- Heard learned counsel for the respondents appellants and learned counsel for the writ petitioner respondent.

(2.) The appellants are aggrieved by the impugned Judgement dated 28.4.2017, passed by the Hon'ble Single Judge, in W.P.(S) No. 3460 of 2011, whereby, the writ application filed by the petitioner respondent, challenging the order dated 08.03.2011, passed by the respondent appellant No.4, rejecting the claim of the petitioner for appointment for her son on compassionate ground, was allowed by the Hon'ble Single Judge, quashing the order rejecting the claim of the writ petitioner, with a direction to consider the case of the writ petitioner afresh for appointment of her son on compassionate ground and further, to issue the appointment letter in his favour within a period of three months from the date of receipt/production of the copy of the order.

(3.) The facts of the case lie in a short compass. The husband of the writ petitioner, Late Ramanand Singh, was working as Mining Sardar, Upper Seam, Department of Mining, Chansnala Colliery, which is managed by IISCO Steel Plant under the Steel Authority of India Ltd. He met an accidental death on 20.3.2008, while he is said to have left his house at about 7.45 A.M., for going to report to his duty in the morning shift, and at around 8.00 A.M., while he was crossing an iron bridge, he slipped and fell down and became senseless. Upon information, his family members reached at the spot and with the help of local people, he was brought to Chasnala Colliery Dispensary, where he was declared dead. During course of enquiry, it was confirmed that said iron bridge had become very old and was in bad shape, which resulted into falling down of the deceased resulting his death. There is also an acknowledgment by the Assistant Manager of IISCO, which is dated 20.3.2008 (Annexure-2 to the writ petition), in which, it was mentioned that the dead body of Ramanand Singh, Sr. Mining Sardar of Upper Seam Project was brought to Chasnala Dispensary on 20.3.2008 at about 9.00 A.M. He was reported to be coming on duty in first shift and it is stated in that letter that the employment against the death shall be given after post-mortem of the deceased as per the Company Rules within a week. The post-mortem examination of the deceased was conducted on 21.1.2008 at about 1.15 P.M., and though the death was confirmed to be due to injuries sustained by him, the post-mortem report revealed that the death had taken place in between 36 to 48 hours prior to the post-mortem examination. No employment was given on compassionate ground to the son of the deceased in spite of representations, which compelled the wife of the deceased employee to move this Court by filing a writ petition, being W.P.(S) No. 5605 of 2010. The said writ petition was disposed of on 13.1.2011 with the liberty to the writ petitioner to file fresh representation, directing to pass appropriate order within six weeks, and if the petitioner's son was found entitled to employment, he be given the employment. Subsequently, by order dated 8.3.2011, the representation filed by the writ petitioner was rejected by the respondent appellant No.4, stating that the petitioner's husband did not die in course of his employment.