NARENDRA NATH TIWARI, J. - (1.) THE points, in both the writ petitions, are inter -related. The petitioner of the writ petitions claim their appointment on compassionate ground after the death of late Md. Idris in harness while he was posted as Superintendent Engineer under the respondents -M/s. Central Coal Fields Ltd.
(2.) THE case of Shagufa Bano the petitioner in WP (S) No. 4192 of 2007 is that her husband had married twice. His first wife was one Sahnaz Khatoon. Out of the said wedlock, there are two sons, Jawed Ahmad Siddique and Md. Junaid Alam (petitioner of WP (S) No. 2478 of 2007). The second son, Jawed Ahmad Siddique was born in 1990. Thereafter the first wife of Md. Idris died in 1990. Second marriage with the petitioner Shagufa Bano took place in 1991. At that time, the second son, Junaid Alam was living with his maternal uncle as his adopted son. The petitioner claims that Md. Idris had made the petitioner and his first son, Jawed Ahmad Siddique, as his nominees for 50% each. The petitioner was also made nominee for the purpose of appointment. According to the petitioner, after the death of her husband, she, along with his first son, Jawed Ahmad Siddique are entitled to get the retiral benefits of 50% each. The petitioner is also entitled for appointment on compassionate ground. The petitioner had accordingly applied for appointment on compassionate ground. The application was processed by the department. In the meanwhile, Junaid Alam -petitioner of PW (S) No. 2478 of 2007 filed an objection praying for his appointment on compassionate ground and the share of the death -cum -retiral benefits, payable as a son of late Md. Idris. It has been submitted that the petitioner has already received the death -cum -retiral benefits except the leave encashment and family pension. The petitioner claimed that she is entitled to get the remaining benefits including the pension and she alone is entitled for being appointed on compassionate ground. The respondents without any valid ground and on the pretext of the frivolous objection of the said Md. Junaid Alam have kept the matter pending since long, hence this writ petition.
(3.) MD . Junaid Alam -petitioner of WP (S) No. 2478 of 2007, on the other hand, has prayed for a direction on the respondents to appoint him on compassionate ground and pay the amount of the death -cum -retiral benefits, according to his share which he is entitled to get after the death of his father, late Md. Idris, including the share in pension.;