- (1.) HEARD Mr. Ratnesh Kumar, learned counsel for the petitioner and J.C. to Mr. Ananda Sen, learned counsel for the Respondents -C.C.L.
(2.) THE petitioner, in this writ application has prayed for a direction to the Respondents to allow her to fill up the forms for compassionate appointment under the provisions of Clause 9.3.2 read with Clause 9.5.0 of the N.C.W.A. -VII. The petitioner's husband, who was employed under the Respondents - C.C.L., had died in harness on 23.11.2005. The information regarding the death of the employee was promptly given to the concerned authorities of the Respondents. At the time of death of her husband, the petitioner was aged below 43 years and she was eligible for employment under the Respondents as per the stipulations laid down under Clause 9.3.2 read with Clause 9.5.0 of the N.C.W.A. -VII. The petitioner accordingly submitted a representation/application to the concerned authorities of the Respondents, praying for considering the grant of employment to her and also praying for supplying copies of the excerpts of the service book of the deceased -employee and the L.T.C. Form, which were required to be annexed to the application for compassionate appointment. The petitioner's contention is that instead of supplying the copies of the documents required, the Respondents issued a letter to her dated 10.08.2006, directing her to supply the complete application in the prescribed format within the limitation period of one year from the date of death of deceased -employee.
(3.) THE further contention of the petitioner is that while on the one hand, the Respondents had directed her to submit the complete application form, which was not possible as copies of the relevant and necessary documents were not made available to her, on the other hand, the Respondents had intentionally delayed the issue and have now refused to consider her claim for compassionate appointment on the ground of delay in submitting her application.;