JUDGEMENT
S.J.MUKHOPADHAYA, J. -
(1.) IN both the cases, as common question of law involved, they were heard together and are being disposed of by this common order.
(2.) THE husband of petitioner Meera Devi, Late Biranchi Sharma of WP(S) No. 3439 of 2003 was an Ex -fitter in Bokaro Steel Limited (hereinafter referred to as the BSL) under the Steel Authority of
India Ltd. (hereinafter referred to as the SAIL), died in harness in the year, 1990. The application of
Smt. Meera Devi for compassionate appointment having rejected by the Deputy General
Manager, I/C (Personnel) of BSL, SAIL, the petitioner has challenged the letter No. DGM I/C (Pers)
/2002 -4487 dated 8th October, 2002. The gist of the letter reads, as follows :
"3. Our records reveal that after death of your husband viz. Late B. Sharma, you had applied for allowing benefits under Company 'sEmployees ' Family Benefits Scheme (EFBS) vide your application dated 17.3.1992, on your own volition. The said request was granted by the management and benefit in the form of monthly payments as envisaged in the scheme is being paid to you every month from 7.4.1992 and this monthly payment amounting to Rs. 2023.75 is available to you till 31.12.2010. So you are not in harness and financial distress since you have been enjoying monthly under EFBS."
The husband of petitioner Smt. Rukmini Devi of WP(S) No. 3570 of 2003, Late Jag Narain Singh was a Technician, Electricity Department of BSL under SAIL. He died in harness on 28th
December, 1995 said Rukmini Devi applied for com - passionate appointment, vide letter dated
13th September, 2002 which was rejected by the Deputy General Manager, I/C (Pers)/ BSL, SAIL, vide letter No. DGM, I/C (Pers)/ 2002 -448 dated 8th October, 2002. She has challenged the
aforesaid letter of rejection. The relevant portion of which reads, as follows :
"3. Our records reveal that after death of your husband viz. Late J.N. Singh, you had applied for following benefits under Company 'sEmployees ' Family Benefits Scheme (EFBS) vide your application dated 8.2.1996, on your volition. The said request was granted by the management and benefit in the form of monthly payments as envisaged in the scheme is being paid to you every month from 21.3.1996 and this monthly payment amounting to Rs. 4671/ - is available to you till 31.1.2011. So you are not in harness and financial distress since you have been enjoying monthly income under FEBS."
(3.) THE counsel for the petitioners relied on the Supreme Court decision in the case of Balbir Kaur V/s. Steel Authority of India Ltd., reported in (2000) 6 SCC 493 to assail the grounds given by the
respondents as quoted above.;
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