1. Heard Mr. P.K. Roychoudhury, the learned Counsel appearing for the petitioner. The respondent Indian Oil Corporation Limited (hereinafter referred to as “the IOCL”) and their officers are represented by Mr. N. Deka, who is the Standing Counsel of the Guwahati Refinery of the IOCL.

BACKGROUND

2. The petitioner’s father Deben Chandra Medhi was an employee under the IOCL but he died-in-harness on 30.8.2005. When the employee died, “the IOCL Employee’s Superannuation Benefit Fund Scheme”, hereinafter referred to as “the Scheme” was in vogue in the IOCL, under which, inter alia, employment for eligible dependent children of the employee was envisaged. Time limit of three years from the date of death of the employee was prescribed for making such claim and after 3 years, the right of appointment lapses under the Scheme.

3. As the deceased employee was survived by his widow and 2 sons, the option for employment was initially sought for the elder son Amarjyoti Medhi. But unfortunately the elder son died and thereafter the widow applied to the IOCL on 3.4.2007 (Annexure-V) requesting employment for her younger son Samar Jyoti Medhi (writ petitioner). It was informed in the said a