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2005 DIGILAW 16 (GUJ)

RAJESH RAMDIN PASI v. GROUP GENERAL MANAGER

2005-01-12

B.J.SHETHNA, SHARAD D.DAVE

body2005
B. J. SHETHNA, J. ( 1 ) THE appellant - original petitioner is the son of deceased Ramdin Pasi who died on 18. 02. 1995 while in service of the respondent - ONGC as Khalasi. As per the averments made in affidavit-in-rejoinder, he had made first representation to the director (Personnel) of the respondent - Company on 22. 09. 2000 and thereafter on 17. 05. 2001, his widow mother made an application to the Manager (P and A) of the respondent - Company but same could not be referred to by him in his writ petition no. 12169 of 2003 as he could not lay his hands on it or produce it along with his writ petition. Be that as it may. ( 2 ) HE had filed the writ petition i. e. special civil application no. 12169 of 2003 in August, 2003 on the basis of his representation dated 18. 02. 2003 (Annexure `b) made to the Group General Manager and Chairman of respondent company stating that his father was in service of ONGC since 1967 and served up to 18. 02. 1995 as Khalasi, who died 18. 02. 1995 leaving behind him his widow and six daughters and one minor son - appellant petitioner. On attaining majority, he had applied for appointment on compassionate ground. However, his representation was turned down on 17. 03. 2003 by the respondent - ONGC (Annexure `c) on the ground that under the rules, the application is to be made within six months from the date of death of his father which was not made within six months. Therefore, at the most, he can apply for financial assistance in lieu of gainful employment which can be considered as provided under the rules of ONGC. ( 3 ) HIS writ petition was summarily dismissed by the learned single Judge on 19. 08. 2003 on the ground that one cannot expect the respondnet ONGC to keep the post of Khalasi vacant for so many years after death of father of the petitioner in 1995. The learned single Judge also considered the reply (Annexure `c) given by the ONGC to the application made by the petitioner stating that financial assistance may be given to him in lieu of gainful employment. The learned single Judge also considered the reply (Annexure `c) given by the ONGC to the application made by the petitioner stating that financial assistance may be given to him in lieu of gainful employment. The learned single Judge accordingly, directed the petitioner to apply before the ONGC for giving financial assistance as mentioned in its letter at Annexure `c and on such appliation being made, the ONGC was directed to pass appropriate order in accordance with law and in consonance with the letter dated 17. 03. 2003. Aggrieved by this, the appellant petitinoer has filed this appeal. ( 4 ) IT was contended by learned counsel Shri Shukla for the appellant that rules for compassionate appointment are silent for minors. He submitted that when his father died in 1995, he was minor aged 15. Therefore, he could apply only after becoming major and when he first applied in 2001, there was no response. Therefore, he made another representation in 2003 but the same was turned down on the ground that it was submitted after a period of six months of death of his father. ( 5 ) RELYING on the judgmetn of the Division Bench of this court in case of Shantilal K Solanki V/s Union of India and Anr. reported in 2003 (1) GCD 129 (Guj.) = 2002 (3) GLR 2417 , Mr. Shukla submitted that the learned single Judge ought to have accepted the writ petition and direct the respondent ONGC to give appointment to the appellant - petitioner on compassionate ground. ( 6 ) IN case of Shantilal Solankis case (supra), there was specific rule framed by the railway under which the application for compassionate appointment has to be made within three years by the minor on attaining majority whereas there is no such rule framed by the respondent company. Therefore, we fail to appreciate how that judgment of the Division Bench in Shantilals case (supra) will have any application to this case. ( 7 ) IT may be stated that the appellant - pettioner has not come before this court with clean hands which is clear from the affidavit-in-rejoinder filed by him wherein for the first time, he contended that prior to the representation dated 18. 02. 2003 (Annexure `b), he had already made representation on 22. 09. 2000 and thereafter his widow mother also made a representation on 17. 05. 2001. 02. 2003 (Annexure `b), he had already made representation on 22. 09. 2000 and thereafter his widow mother also made a representation on 17. 05. 2001. This was such an important aspect of the matter which was deliberately suppressed by the appellant - petitioner and it seems that in guise of the reply dated 17. 03. 2003, the appellant - petitioner had approached this court in August, 2003 by way of writ petition. That apart, from the subsequent representation dated 18. 02. 2003, it clearly appears that he was born on 05. 05. 1990 and when he made the representation dated 18. 02. 2003, he was almost 23 years old having two elder sisters and his widow mother. Apart from that, he has also four sisters younger to him. Thus, his widow mother was maintaining family of in all 8 persons after death of his father who died way back on 18. 02. 1995. If his mother can apply in May, 2001 for compassionate appointment then we fail to appreciate that why she had not applied within six months from the date of death of her husband in February, 1995. In any case, no one can claim appointment on compassionate ground as a matter of right when there are specific rules and if such an application for compassionate appointment is not made within that particular period, then the court ordinarily cannot direct the other side to consider the case and give compassionate appointment to a person after a period of almost 10 years of the death of the deceased. ( 8 ) BEFORE parting, it must be stated that Mr. Rajani Mehta, learned counsel appearing for the respondent ONGC clearly stated that so far no application is made for financial assistance as directed by the learned single Judge while dismissing the writ petition on 19. 08. 2003 but if such an applciation is made by the legal heirs of Shri Ramdin Pasi then their application will be considered and they will be provided financial assistance of Rs. 70,000/- which is given to others. ( 9 ) AT this stage, a grievance was made by Mr. Shukla for the appellant that on death of his father, the retirement benefits are still not extended to the widow of the deceased and his family members. Mr. 70,000/- which is given to others. ( 9 ) AT this stage, a grievance was made by Mr. Shukla for the appellant that on death of his father, the retirement benefits are still not extended to the widow of the deceased and his family members. Mr. Mehta stated at the bar that if it is so, then he will see to it that they are paid their legitimate dues by the ONGC at the earliest. Except this, nothing more can be done in the matter. ( 10 ) WITH these observations, this appeal is dismissed. No costs. ( B. J. SHETHNA, J ) ( SHARAD D DAVE, J ) srilatha .