S.J.MUKHOPADHAYA, A.C.J. - (1.) WHEN the case was taken up on 29th October, 2004 the following order was passed by the Court : "Counsel for the Bihar State Road Transport Corporation is directed to file affidavit, stating therein, (i) as per the scheme what is the time by which the petitioner can be paid his dues. If it is in the 3rd phase of the package programme, the authorities of the Corporation will state whether any person retired/died after the death of the husband of the petitioner has been paid the benefit as per the package programme or not and (ii) what is the time by which they expect to receive fund from the State Government for payment of the dues to the widow/retired employees, whose names are appearing in the 3rd phase list. List this case for admission on 25th November, 2004 within five cases. Let a copy of this, order be handed over to Mr. P.P.N. Roy for needful."
(2.) IN the supplementary counter affidavit filed by the Corporation it is stated that as per the package programme approved by the Apex Court the husband of the petitioner comes under the 3rd phase and the dues of the petitioners husband will be paid as soon as the fund is sanctioned by the Government, as per the direction of the Apex Court. It is further stated that neither any employee, who comes under the 3rd phase, nor any person, having retired/died after the death of the husband of the petitioner, has been paid the retiral benefits as per the package programme by the Corporation. In the circumstance no specific direction is required to be given except that the respondents shall pay the petitioner the death -cum -retiral benefits as per the package/scheme as framed under the direction of the Supreme Court.
(3.) SO far as compassionate appointment is concerned, taking into consideration the fact that the Corporation is running short of fund and is not in a position to pay salary and retiral benefits to its employee, this Court is not inclined to give any direction for appointment on compassionate ground.;