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1990 Supreme(Mad) 797

MISHRA
Arputha Mary – Appellant
Versus
The Chairman, Neyveli Lignite Corporation – Respondent


Advocates Appeared:
For the Petitioner:Mr. V. Sumathi, Advocate.
For the Respondents:Mr. U.N.R. Rao, Senior Counsel, M/s. Thamizhmani, T. Fenn Walter, Advocates.

Judgment :-

1. Heard learned counsel for petitioner and learned counsel for respondents.

2. The petitioner herein is the widow of one M. Devaraj who died in harness on 4-12-1987 while working in the Neyveli Lignite Corporation as Operator Grade II. She has alleged that the deceased had taken her as bis wife, after his first wife has died. At the time of the death of her husband, there were children through his first wife, named Davidraj and Stellamari, and two children through her, named Sofia and Darbing Joseph. All the children were minor at the time of his death. The petitioner applied for appointment in a job on compassionate grounds as at the time of taking the application, none of their children was a major. It seems, however, that her step-son David-raj in the meanwhile attained majority. He too applied for appointment on the plea that his father had died in harness and under the scheme for giving appointment on compassionate grounds, he ranked first in the order of preference. Finding that her step-son who had attained majority and decided to ignore his fathers family, that is to say, the petitioner and the other minor children, if appointed, would not provide a breadwinner











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