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2022 Supreme(Del) 2095

CHANDRA DHARI SINGH
Manju Devi – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent


Advocates appeared:
Vijay Datt Gahtori, Ashok Kumar Arya and Deepak Pandey, Advocates, for the Petitioner.
Raj Birbal, Senior Advocate with Ms. Raavi Birbal, Advocate, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

    "A) direct the Respondent Corporation for consideration of the case of the son of the Petitioner, being dependant of the deceased employee, in terms of the binding settlement dated 13.4.1983 and Employees Superannuation Benefit Scheme of the Respondent Corporation as applicable on the date of death of the Husband of the Petitioner i.e. 23.4.2008 and on the date of submitting option for employment to the son of the Petitioner i.e. on 5.5.2008,and

    B) to quash the communication dated 22.7.2008 and 29.6.2012 made by the respondent Corporation to the petitioner and

    C) direct the Respondent Corporation to grant pension to the Petitioner at the rate of 42.5 % of the Last Drawn Salary..."

2. The brief facts of the case are that:

  • Petitioner is the wife of Sh. Mahinder Paswan, who was an employee of Hindustan Petroleum Corporation Ltd, Marketing Division and expired on 5th April 2008, while in service due to a Road accident.
  • On 19th April 2008, the wife of deceased, applied for compassionate appointment of her son Rav

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