- (1.) HEARD Shri Rajesh Kumar, learned counsel for the petitioner and J.C. to Mr. Ananda Sen, learned counsel for the Respondent -C.C.L.
(2.) PETITIONER , in this writ application has prayed for quashing the letter dated 04.10.2007 (Annexure -7), issued by the Respondent No. 5, whereby the prayer for compassionate appointment to the petitioner no. 1 -brother of the deceased employee and alternatively to the petitioner no. 2 -widow of the deceased -employee, has been refused by the Respondents -C.C.L. Deceased brother of the petitioner no. 1 was a permanent employee under the C.C.L. and he died in harness on 15.05.2005. It is explained by the learned counsel for the petitioner that the deceased had joined service on 19.09.1998 and thereafter, his marriage was solemnized on 11.12.2000. Though he had initially nominated the petitioner being his brother as his nominee, but the deceased could not mention the name of his wife in his service records during his lifetime.
(3.) UPON his death, the petitioner no. 2 being the widow of the deceased employee, had approached the Respondents with a prayer for granting compassionate appointment to her in accordance with the provisions of Clause 9.3.2 of the N.C.W.A. Agreement -VII but she was turned away on the ground that her name did not find mention in the family chart of the deceased -employee. On the widow (petitioner no. 2) being turned away, the petitioner no. 1 being the dependant brother of the deceased had filed an application within time but his application for grant of compassionate appointment was also rejected on the following grounds: - "Sri Krishna Kumar submitted application for his compassionate employment as brother of Lt. Rajdeep. On perusal of the records it is evident that the Ex -employee has wife named Anita Devi. Question of appointment of indirect dependant i.e. brother etc. arises only when no direct dependent i.e. wife son etc. are available. In the said facts and circumstances the applicant being indirect dependant of the deceased, the employment proposal has not been considered by the competent authority.  ;