PUTTAMANI v. MEMBER SECRETARY, CENTRAL SILK BOARD, BANGALORE
2005-01-20
K.SREEDHAR RAO
body2005
DigiLaw.ai
K. SREEDHAR RAO, J. ( 1 ) OBJECTION statement filed. One late Mallaiah, the husband of the petitioner was the employee of the second respondent. He died in service leaving behind the petitioner and four sons and a daughter. The petitioner made an application to the respondents for appointment to the 4th son on compassionate grounds. The respondents have communicated vide Annexure-B dated 14-5-2002 that the request for providing job on compassionate grounds is rejected. No reasons are stated for the rejection. The guidelines regarding appointment on compassionate ground at Annexure R1 is filed. It is the contention of the respondent that the other three sons of the petitioner are earning. Therefore, there is no need of financial assistance to the family. Hence, the request of the petitioner should give job to her 4th son on compassionate grounds is rejected. ( 2 ) THE reason stated by the respondents is untenable. The guideline in clause (a) at Annexure-R1 is as follows.-" (A) To a widow or son or daughter or adopted son or adopted daughter of a worker who dies in harness including death by suicide, leaving his family in immediate need of assistance, when there is no other earning member in the family". The words "when there is no other earning member of the family" should be given meaningful interpretation. The said words would not include temporary or casual employment and casual earnings. If other sons are substantially employed, having permanent and substantial income, then, only by invoking the said clause, the request for appointment on compassionate grounds can be rejected. In this case, the respondents have perfunctorily passed an order rejecting the request. Hence, the order at Annexure-B quashed. The respondents shall conduct a through enquiry regarding financial capacity of the petitioner and her sons and thereafter pass an appropriate order within three months from the date of this order. --- *** --- .