SCA/13331/19932/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 13331 of 1993
=========================================================FAKRUDDIN USMANBHAI SUMERA - Petitioner(s)
Versus
ONGC & ANR - Respondent(s)
=========================================================
Appearance :
MR SP HASURKAR for Petitioner(s) : 1,
MR RAJNI H MEHTA for Respondent(s) : 1,
=========================================================
|
CORAM : |
HONOURABLE MR.JUSTICE H.L.GOKHALE |
Date : 06/02/1995
ORAL
ORDER
Leave
to amend. Amendment granted. Heard Mr. Hasurkar for the
petitioner & Mr. Mehta for the respondents. The petitioner is a
son of the deceased employee of the respondents. The respondent
Commission is having a scheme dt. 09.04.92 whereunder in the event of
death of an employee, in lieu of gainful employment, to one of the
dependents, the Commission Pays some lump sum amount to the family
members to tide over the difficulty. Initially an amount of Rs.
45,000/- was offered which offer was subsequently enhanced to Rs.
85,000/-, as per the provisions under the scheme applicable to the
deceased employees. For reasons best known to the petitioner and his
mother they refused to take that amount. Firstly no dependents of a
deceased employee on have Companssionate appointment as a matter of
right, but the dependent has to be considered for such a job. When a
minimum amount is offered in lieu of such employment to tide over the
difficulty and if the dependents refuse to take that amount, there is
nothing further that the Commission should do.
Three
grounds are raised by Mr. Hasurkar. Firstly that there is a
classification in making these payments depending upon the status of
the deceased employee. Secondly same others are given job in spite of
making such employment and thirdly no reasons are given while
rejecting the application of the petitioner. In my view all these
grounds are untenable. The petition is therefore dismissed.
Date
: 06.02.1995(H.L.GOKHALE, J.)