- (1.) By means of this writ petition the petitioner has come up to this Court challenging the order dated 5.3.2011 by which the claim of the petitioner for being appointed in the Food Corporation of India (in short 'F.C.I.') on compassionate ground has been rejected.
(2.) The facts of the case are that the father of the petitioner - Late Ram Dular was appointed in the F.C.I. as 'Handling Labour' in 1973. Subsequently he was promoted to the post of 'Mandal'. He died on 8.11.2004 leaving behind his wife and four children. It is relevant to mention here that at the time of appointment of Late Ram Dular in 1973 he had already lost his mother and father and, therefore, he made his uncle a nominee in his service record. Upon the death of Ram Dular on 8.11.2004 since the nominee in the service record was his uncle, therefore, his widow (mother of the petitioner) was asked to produce succession certificate for payment of terminal dues. It is not disputed that at the time of death of the father of the petitioner i.e. on 8.11.2004 the petitioner was a minor. The succession certificate was subsequently produced vide letter dated 10.2.2006 and terminal dues were paid thereafter. In the meantime, it appears that the petitioner also attained majority and applied for being appointed under the dying-in-harness provision vide application dated 25.4.2006. The said application was not being considered, therefore, the petitioner was compelled to file a writ petition before this Court being Writ Petition No. 72901 of 2010, which was disposed of by the order of this Court dated 16.12.2010, directing the authorities of the F.C.I. to consider the claim of the petitioner by passing a reasoned order within a period of six weeks from the date of submission of the certified copy of the order. Pursuant to the aforesaid order the impugned order dated 5.3.2011 has been passed, denying the claim of the petitioner firstly on the ground that under the relevant orders the application for compassionate appointment ought to have been made within a period of six months from the date of the death of the employee, secondly that immediately after the death the terminal dues were given for a sum of Rs. 6,86,167/- and, therefore, the family was in comfortable financial condition and thirdly there is a ceiling that compassionate appointments cannot be made beyond 5% of the vacancy available. Upon these grounds the claim of the petitioner was rejected.
(3.) Learned counsel for the petitioner submits that at the time of death of the father of the petitioner the family consisted of mother and three other minor children apart from the petitioner and the mother was busy in procuring the succession certificate for receiving terminal dues, as in the service record of the father of the petitioner the nominee that was mentioned was his uncle, but after his employment he got married, but his uncle continued as nominee in the service record, therefore, the authorities directed the mother of the petitioner to obtain succession certificate which was finally submitted on 10.2.2006.;