ORDER

Per Mr.Swarup Kumar Mishra, J.M.

The applicant has filed the present application challenging the rejection of his application for grant of compassionate appointment. He has sought for the following reliefs :

“It is therefore respectfully prayed that this Hon’ble Court may be graciously pleased to admit this writ application, issue rule NISI in the nature of a writ of Certiorari/Mandamus directing the opp. parties to show cause as to why the communication vide Annexure-10 shall not be quashed and further direct the opp. parties to appropriately consider the representation of the petitioner vide Annexure-8, dt. 16.2.99 and in the event, the opposite parties failed to show cause or show insufficient cause the said rule be made absolute and quash the communication made to the mother of the petitioner in Annexure-10 and accept the representation of the petitioner vide Annexure-8, and after holding him eligible necessary order be passed holding him suitable to a post to which he is entitled to depending upon his educational qualification and suitability.

And any other writ/writs, order/orders, direction /directions be passed as deem fit and proper.

And for this act of kindness the petitioner shall as in duty bound every pray.”

2. The facts of the case in brief are that the father of the applicant died on 18.11.1995. It is stated by the applicant that in 1994 the employee was asked to undergo certain medical investigations by the specialists in the Ispat General Hospital after they suspected Acute Renal Failure. During early 1995 the employee was diagnosed as suffering from chronic bronchitis and Ischemic Heart Disease. In October 1995 after final diagnosis the employee was given ‘Sarbitrate’ medicine. His kidneys got damaged gradually and he was advised to take ‘Lasix’ which reduces pressure on kidneys. On 11.11.1995 his ailment got aggravated and he was admitted in the Ispat General Hospital as an indoor patient and diagnosed as having Diabetes Mellitus cardiomyopathy and nephropathy and was released from the hospital on 16.11.1995. On 18.11.1995 he employee suddenly fell sick and was admitted to the Ispat General Hospital as an indoor patient on emergency basis and before any effective treatment was given, expired due to Diabetes Mellitus cardiomyopathy and nephropathy and cerebro vascular accident on the same day. This fact is mentioned in the death certificate issued by the Senior Medical Officer on 18.11.1995. It is further submitted by the applicant that during 1995 there was no scheme of the Rourkela Steel Plant for extension of benefit of employment on compassionate grounds to its employees. Such scheme was made applicable by a circular dated 18.12.1998, The said scheme at Annexure-

5 provided that the scheme shall cover an employee diagnosed to be suffering from the following ailments – failure of kidney, heart strokes, cancer and has availed of treatment on that account in the Company’s Hospital or referral hospital and dying while under such treatments. The scheme which was meant to give benefit to the direct dependents also clarified that a direct dependent shall mean unemployed son/unemployed and unmarried daughter. Annexure-

6 of the circular dated 18.12.1998 made the circular applicable retrospectively w.e.f. 11.11.1992 and therefore the applicant is eligible for consideration for compassionate appointment as direct dependent of his deceased father. It is stated by the applicant that as per Annexure-5 of the circular, application by the direct dependent for availing the benefit of the scheme was prescribed to be filed within 12 weeks from the date of demise of the deceased employee. But the scheme was not applicable to death prior to the date of circular and thus the applicant had no scope to apply for such benefit. But Annexure-6 of the circular made the said scheme retrospectively applicable w.e.f. 11.11.1992 and the applicant becoming eligible to apply su