- (1.) Heard learned counsel for the parties.
(2.) The appellant-employer is aggrieved against order dated 24.02.2010 passed in W.P.(S) No. 3685 of 2003 by which following the judgment of the Apex Court delivered in the case of Balbir Kaur and Anr. Vs. Steel Authority of India Limited, 2000 6 SCC 493 (in the case of present appellant itself), learned Single Judge directed the appellant to re-consider the matter of compassionate appointment of the writ petitioner and pass appropriate order.
(3.) Facts, in brief, will be necessary for deciding this L.P.A. The employee died in the year 1991. The employee left behind him his wife and two sons. Both the sons were minor and, therefore, at that time could not have got the appointment on compassionate ground being minor. Looking to this peculiar situation, the management decided to give certain facilities with clear indication that these facilities are being given to the family of the employee to meet with the situation cropped up because of the death of the employee all of a sudden. There was indication that after attaining the age of 18 years, the son of the employee shall be given appointment on compassionate ground. One of the son of the employee become major in the year 1995 and he applied for compassionate appointment but that was denied by the management. The petitioner then approached this Court by filing writ petition being C.W.J.C No. 1477 of 2001 wherein the appellant took the plea that family of deceased-employee have been given benefit under the Family Benefit Scheme, therefore, no compassionate appointment can be given. This plea was rejected by the Single Bench of this Court vide order dated 16th April, 2001 in above writ petition. In order dated 16th April, 2001 it was clearly observed that in view of the law laid down by Apex Court in the case of Balbir Kaur & Another , the order passed by the management dated 5.01.2001 appears to be arbitrary and without jurisdiction. Therefore, a direction was given to consider the case of the petitioner for appointment on compassionate ground strictly in accordance with law laid down by the Apex Court in the aforesaid case. The time was fixed for taking decision as six weeks from the date of receipt of copy of the order dated 16th April, 2001.;