NEUTRAL CITATION
C/LPA/991/2023 ORDER DATED: 24/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 991 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 4539 of 2009
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 991 of 2023
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PUSHPABEN PUNAMBHAI BHANGI
Versus
GENERAL MANAGER(HR)
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Appearance:
MR R G CHAUDHARY(6428) for the Appellant(s) No. 1,2
MR. M.R.BHATT, SR. ADV. WITH MS. PANCHAM ZALA FOR M R BHATT &
CO.(5953) for the Respondent(s) No. 1,2
MUNJAAL M BHATT(8283) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/08/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. R. G. Chaudhary for the petitioners and learned senior advocate Mr. M. R. Bhatt assisted by learned advocate Ms. Pancham Zala for the respondent-Indian Oil Corporation.
2. What is sought to be challenged in this Letters Patent Appeal preferred under Clause 15 of the Letters Patent by the original petitioner- appellant herein, is judgment and order of learned single Judge dated 7.012022 passed in Special Civil Application, whereby while disposing of the petition, the following operative order was passed, "11. In view of the aforesaid issue and the proposition of law being examined, this Court is of the opinion that the petitioners have miserably failed to make out any case to claim for compassionate employment. As a result of this, the petition being devoid of merit, stands dismissed.
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12. However, while parting with this order, it is made clear that in view of the statement which has been being made by learned Senior Counsel Mr. Bhatt to pay interest @ 6% per annum on the delayed period of release of retirement dues, the same shall be paid within a period of three months. It is made clear that it would be open for the petitioners to make an appropriate request for release of welfare amount as claimed, if policy permits, the same shall be examined by the authority and be released, if it is permissible in law. This Court has not expressed any opinion on this issue, it is open for the authority to take appropriate decision and if the petitioners are entitled, same shall be released at the earliest, within the aforesaid period."
2.1 In another words, the claim of the original petitioners for compassionate appointment was found liable to be rejected and was accordingly rejected. As far as the relief with regard to the payment of retirement dues was concerned, statement was made on behalf of the Corporation that if the dues are not released and if payment of retiral dues is delayed, the Corporation will pay 6% interest, which was recorded by learned single Judge. Learned single Judge further observed that the request of the petitioner about release of the welfare amount, would be examined by the Corporation in accordance with the policy, if permissible under the policy.
3. The husband of petitioner No.1 was helper, Grade-II employee, who died on 10.10.2007. An application was made on 18.12.2007 by the petitioner for extending benefit of compassionate appointment, which was rejected by communication dated 1.2.2008 on the ground that the son of the widow-petitioner was married and under the scheme, the married wards were not entitled to be considered for compassionate employment.
3.1 Looking at the prayers in the Special Civil Application, it was prayed to direct the respondents Corporation to release the gratuity amount, pension and other retirement benefits with interest. It was next prayed to consider the application of the petitioners for compassionate Page 2 of 5 Downloaded on : Sun Sep 17 02:19:59 IST 2023 NEUTRAL CITATION C/LPA/991/2023 ORDER DATED: 24/08/2023 undefined appointment. The third prayer was to direct the respondents to delete the condition in the Superannuation Benefit Fund Scheme (SBFC) of the Corporation, which disentitled the married wards for getting compassionate appointment.
3.2 The respondent Corporation has evolved a definite policy to extend the benefits to its employees who die in harness. Under the policy, three types of benefits are extended. First is identified as R-1 benefit whereunder option of receiving pension is available to the family of the deceased employee. The Scheme under R-2 is for payment of annuity as one time payment. The R-3 part of the scheme contemplates for giving of benefits of compassionate appointment to the kith and kin of the deceased.
4. The Scheme provides that option is to be exercised by the person seeking the benefits to avail one of the three benefits provided as above. The ground on which the request for compassionate appointment came to be rejected has been that the son of the deceased was married. As per the Scheme, the married ward is not entitled to compassionate appointment.
5. It is well settled that compassionate appointment is not available as a matter of right. Unless the person seeking benefits has the eligibility to fall within the four corners of the provisions of the Scheme, he is not to be offered the appointment. The compassionate appointment is never a right, much less to be viewed as vested right. The provisions in the Scheme inter alia that the married wards are not entitled to be given compassionate appointment, stands with a rationale and that it satisfies the tests of Article 14 of the Constitution. The prayer to delete the said condition is misconceived and stands rejected.
5.1 As stated above, the rejection of prayer of the petitioner for giving Page 3 of 5 Downloaded on : Sun Sep 17 02:19:59 IST 2023 NEUTRAL CITATION C/LPA/991/2023 ORDER DATED: 24/08/2023 undefined
appointment was based on the valid ground that the son was married. Therefore, no error could be booked in the decision of learned single Judge when the said relief is declined.
5.2 There is no dispute about the provisions of the Scheme and operation thereof. The three options are available therein. The petitioner opted for the benefit of compassionate appointment. It was sought to be contended that about the married status of the son of the deceased workman, the Corporation on its own conducted some inquiry, which is not reliable. However, while assailing the discrete inquiry conducted by the Corporation, learned advocate for the petitioner did not dispute the factum that son of the deceased employee is a married son.
5.3 It was stated in course of hearing by learned senior advocate for the Corporation that as far as the retirement dues payable to the deceased employee is concerned, they are paid during the year 2008-2009 and no such dues, much less any arrears, is left to be paid.
6. In the above view, there is no infirmity in the order and directions passed by learned single Judge. On the contrary, the Corporation volunteered by making a statement that in the event some benefits are payable to the deceased employees or paid belatedly, the Corporation would ensure that the payment thereof with 6% interest.
7. For all the aforesaid reasons, there is no merit in the challenge to the judgment and order of learned single Judge. The present Letters Patent Appeal stands dismissed.
8. In view of dismissal of the Letters Patent Appeal, the Civil Application does not survive for any orders. It stands disposed of accordingly.
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9. At this stage, learned advocate for the appellant submitted that the grievance persists about non-payment of part of pension, gratuity, medical allowance and other benefits. While the Court finds that the said prayer and the grievance raised is not within the compass of the controversy of the petition and could not have been subject matter of consideration in the present appeal, however, since the petitioner No.1 is a widow, the court deems it fit to permit the petitioner to approach the competent authority of the Corporation with a representation making out her grievance about non payment of certain dues.
9.1 If a representation as above is made, the same shall be considered in right spirit by the competent authority of the Corporation and the reply to be furnished to the petitioners within eight weeks from the date of receipt of such representation.
10. While the Court was concluding as above, learned senior advocate for the respondent Corporation was very fair to submit that even at this stage, the Corporation would permit the petitioners to switch over the benefit to R-1 option of the scheme for getting family pension.
11. If the petitioners opt to apply by undergoing necessary procedure for the said benefit, the decision rendered as above by this court, shall not come in the way of the petitioners.
(N.V.ANJARIA, J) (D. M. DESAI,J) C.M. JOSHI Page 5 of 5 Downloaded on : Sun Sep 17 02:19:59 IST 2023