- (1.) THE present petition has been preferred by the petitioner for getting compassionate appointment as well as post retirement -cum -death benefit of her deceased son. Petitioner is a mother of deceased son, who was in employment of respondent. She is seeking compassionate appointment, for her another son. She is also seeking death -cum -retirement benefits due to death of son. Deceased son had a wife and a son and a daughter. Thus, deceased has expired, leaving behind a widow wife, a son and a daughter.
(2.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition and the same deserves to be dismissed for the following facts and reasons: (i) It appears from the facts of the case that the son of the present petitioner was working with the respondent authority. He has expired on 22nd of April, 2007. Son was married. Name of wife was mentioned in all nomination papers before the concerned respondent employer. (ii) It also appears that upon death of son of the present petitioner, the retirement -cum -death benefits have been processed in favour of wife of the deceased. Deceased was having a wife and also a son and a daughter. Thus, there was full -fledged family of the deceased. (iii) It is also submitted by the counsel appearing for the respondents that in all nomination papers including the papers of Coal Mines Provident Fund, the name of wife was reflected in the nomination. Thus, the petitioner is not entitled for post retirement -cum -death benefits. The petitioner has crossed the age of superannuation. (iv) Counsel appearing for the petitioner vehemently submitted that petitioner and her husband i.e. the father and mother, are dependent upon the income of the deceased son and sympathetic view ought to have been taken by employer for paying some part of the retirement -cum -death benefits. This contention is not accepted by this Court mainly for the reason that respondent No. 1 cannot travel beyond the scheme. Secondly for the reason that there was full -fledged family of the deceased namely, wife, son and daughter. Thirdly, for the reason that name of the wife of the deceased was reflected in all nomination papers including in the papers of C.M.P.F. as stated herein above. As a cumulative effect of the aforesaid facts and reasons, I see no reason to entertain this petition. There is no substance in this petition, and the same is, accordingly, dismissed.
(3.) I .A. No. 2554 of 2008 stands disposed of, in view of final order passed in this writ petition.;