- (1.) The appeal is directed against the judgement and order dated 20.05.2011 in W.P. No. 14690 (W) of 2005 whereby the learned Single Judge directed the appellant company to grant compassionate appointment to the writ petitioner.
(2.) The father of the writ petitioner was an employee of Durgapur Steel Plant (hereinafter referred to as "DSP") and admittedly he died in harness on 06.04.1994 due to natural causes. The mother of the writ petitioner, Sova Sen, was also an employee of DSP at that material point of time. The writ petitioner was named as dependant in the service records of his mother. In May, 1994, Sova Sen on behalf of the writ petitioner made an application for his compassionate appointment on the premise that his father had died in harness on 06.04.1994. In such application that fact the she was in employment of DSP was also no disclosed. It is pertinent to mention that in or about 1995 a policy was adopted by DSP not to extend privilege of compassionate appointment to the dependants of a deceased employee in the event of his/her spouse was also employed with DSP at the time of death.
(3.) Thereafter, on 23.10.1999 the mother of the writ petitioner took voluntary retirement under the Voluntary Retirement Scheme and received all benefits arising therefrom i.e. 105% Basic Pay + Dearness Allowance payable till 2004. On 09.07.2002 the writ petitioner was instructed to collect bio data form provided he fulfilled necessary eligibility criteria for compassionate appointment.;