Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner being aggrieved by the impugned order dated 11.03.2005, vide Annexure-6 to the writ application, has sought for quashing of the said order and further prayed for issuance of writ of mandamus to respondents to appoint the petitioner on compassionate ground due to the demise of his father late Satya Narayan Chauhan, who died in harness being a permanent employee of SAIL while working as Horticulture Supervisor, Bhawnathpur in the district of Garhwa, Jharkhand.
(2.) The case of the petitioner, in brief, is that the late father of the petitioner was a permanent employee of the respondents and while continuing as Horticulture Supervisor, Bhawnathpur in the district of Garhwa, he died in harness on 19.12.1997 due to Cancer. The father of the petitioner died leaving behind the widow mother, minor daughter and three sons including the petitioner. After death of his father the petitioner being the eldest member, with the consent of mother submitted an application before the respondent no.5 for his appointment on compassionate ground. The said representation was followed by series of representation which failed to evoke any response. Being aggrieved by the lackadaisical and indifferent attitude, the petitioner approached this Court in CWJC No.4389 of 2000 and the said writ application was disposed of by this Court on 08.01.2003, in which the decision reported in (2002) 3 JCR 524 (Jhr.) was referred to with direction to the respondents to consider the case of the petitioner and pass reasoned order within a period of two months from the date of receipt/production of a copy of the order. After receipt of the aforesaid order, the petitioner submitted representation before the respondents along with the copy of the order. Since no heed was paid, the petitioner filed another reminder vide Annexure-3 to the writ application. The respondents authorities without passing any order on the representation filed a Letters Patent Appeal being L.P.A. No.192 of 2003 before this Court which was dismissed vide order dated 09.11.2004 vide Annexure-4 to the writ application. Again after dismissal of the LPA no.192 of 2003 the petitioner submitted representation vide Annexure-5 to the writ application and the respondents in order dated 11.03.2005 (Annexure-6) passed reasoned order with reference to CWJC no.4389 of 2000 which is impugned in this writ application. Since the claim of the petitioner has been negated by the respondents vide the impugned order in Annexure-6, the petitioner has been constrained to approach this Court in the instant writ application for redressal of his grievances.
(3.) Controverting the averments made in the writ application, a counter affidavit has been filed by the respondents, wherein it has been submitted that the purpose of compassionate appointment is to overcome the immediate hardships which is faced by the family of the deceased who dies in harness. It is well settled that compassionate appointment is not a source of recruitment in a Public Sector Undertaking and in this particular case the petitioner has not faced any financial hardships, as such, is not entitled to get the benefit of any compassionate appointment. It has further been submitted that Bhawanathpur Lime Stone Mines is facing huge monetary losses and the requirement of lime stone from Bhawanathpur Mines has reduced due to technological changes in the Steel Authority of India Limited. It has further been submitted that regular employees of Bhawnathpur would be asked to opt for Voluntary Retirement Scheme or be transferred. In order to survive, Steel Authority of India Limited has been offering voluntary retirement scheme and consequently a large number of employees have already been separated. In fact there is also no vacancy against which the petitioner can be offered appointment. It has further been submitted that very existence of Bhawanathpur Lime Stone is at stake due to the reasons aforementioned and as such, it has become impossible to give any employment on compassionate grounds to the petitioner. It has further been submitted that there are more than 200 employees who are in excess of actual work force and since 1993 onwards no regular appointment has been made by the Bhawanathpur Lime Stone Mines. It has further been submitted that petitioner is getting Rs.8,814/- per month and it will be paid up to which date the deceased father of the petitioner would have superannuated, if he would have been alive. In view of the aforesaid fact it is said that there is no immediate financial crunch in the family and, as such, there is no question of giving compassionate appointment.;