TaxTMI 
TaxTMI 
2000 (5) TMI 1039
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....as regards Egalitarian society, the issue of compassionate appointment cannot and ought not to be trifled with the question therefore does not seem to be so simple as suggested by Mr. Bhasme the learned Advocate appearing for the respondents and the issue undoubtedly is one of the live issues to be decided by this Court, more so having regard to the constitutional mandate. Incidentally be it noted that the appeal No.11882 of 1996 (Smt. T.K. Meenakshi & Anr. V. Steel authority of India Ltd. & Ors.) has been tagged on to the main appeal as argued before this Bench (CA No.11881 of 1996: Balbir Kaur & Anr. Vs. Steel Authority of India Ltd. & Ors.) by reason of the consideration of the issue pertaining to the Family Benefit Scheme but the factual contexts are however at variance and it is in this perspective we deem it fit to advert to the factual matrix of both the matters briefly. In Civil appeal No.11881 of 1996: (Balbir Kaur & Anr. Vs. Steel Authority of India & Ors.) it appears that the appellants before this Court are the dependants of a deceased employee Hari Singh, who happened to be a technician working in the department of Captive Power Plant-II belonging to Steel Authority of....
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....t seriously by reason wherefore the latter was admitted at the Christian Medical College Hospital at Vellore on 25th January, 1994 and on 28th January, 1994 the deceased employee breathed his last. The factual aspect therefore depicts rather a sad and dismal picture a person with a desire to have his wife treated at the Christian Medical College Hospital, goes to Vellore and there dies within three days after admission to the hospital. It is on this count that the widow of the deceased employee made a request to the Steel Authority of India for providing compassionate employment to the appellant No.2 since the bread-earner of the family unfortunately met with pre-mature death resulting into untold financial sufferings for the entire family. The representations went unheeded by reason wherefore a writ petition was moved before the High Court. The decision of the High Court as noticed above upheld the validity of the Family Benefit Scheme and answered the question of compassionate employment in the negative by reason of introduction of such a scheme. It is this order which has been impugned in this appeal before this court and since issues involving in both these two matters being id....
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.... the constitutional philosophy as is available in the Constitution itself, which we ourselves have so fondly conferred on to ourselves. The socialistic pattern of society as envisaged in the Constitution has to be attributed its full meaning: A person dies while taking the wife to a hospital and the cry of the lady for bare subsistence would go unheeded on certain technicality. The bread earner is no longer available and prayer for compassionate appointment would be denied, as it is likely to open a Pandoras Box This is the resultant effect of our entry into the new millenium. Can the law courts be a mute spectator in the matter of denial of such a relief to the horrendous sufferings of an employees family by reason of the death of the bread-earner. It is in this context this Courts observations in Dharwad Distt. PWD Literate Daily Wage Employees Assn. & Ors. v. State of Karnataka & Ors. [1990 (2) SCC 396] seem to be rather apposite. This Court upon consideration of Randhir Sigh v. Union of India, [1988 (1) SCC122] as also Surinder Singh v. Engineer-in-chief [1986 (1) SCC 639]; and DS Nakara v. Union of India [1983 (1) SCC 305] observed in paragraphs 14 and 15 as below: 14. We w....
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....ion remain a bundle of ideas or theories or an intellectual assent; it will enter into our very self. By means of an intellectual assent, we may today subscribe to many foolish things, and change our minds altogether tomorrow. But true religion never changes. Religion is realisation; not talk, nor doctrine, nor theories, however beautiful they may be. It is being and becoming, not hearing or acknowledging. It is the whole souls becoming changed into what it believes. That is religion. As a matter of fact the constitutional philosophy should be allowed to become a part of every mans life in this country and then only the Constitution can reach everyone and the ideals of the Constitution framers would be achieved since the people would be nearer the goal set by the Constitution - an ideal situation but a far cry presently. Unfortunately, the High Court has completely lost sight of this aspect of the matter. Turning on to the factual aspects once again, it is not that compassionate appointments have never been effected. Steel Authority of India was in fact providing compassionate employment to one dependant of an employee dying in harness or permanently disabled. As a ....
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.... should have at least good grading in the CCR for the last 3 years This has the approval of the Managing Director. The requirement of such an insertion in the body of the judgment was felt expedient by reason of the introduction of the priorities and in any event special reference may be made to clause 7.16 of the Circular which expressly records cases of death for reasons not covered under (I) above and in that event the existing rules will continue. The existing rules as a matter of fact were not prohibitive of such compassionate appointments but lend affirmation to such appointments. Mr. Bhasme, learned Advocate appearing for the Steel authority contended that the Family Benefit Scheme was introduced on 21st November, 1992 and the salient features of the Scheme were to the effect that the family being unable to obtain regular salary from the management, could avail of the scheme by depositing the lump sum provident fund and gratuity amount with the company in lieu of which the management would make monthly payment equivalent to the basic pay together with dearness allowance last drawn, which payment would continue till the normal date of superannuation of the employ....
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....f gratuity. (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease; Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: [Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.] It is upon consideration of the above noted provisions of Section 4, it was contended that question of compulsory depositing of the gratuity amount does not and cannot arise. We shall come back to the deposit of the Provident Fund but as regards the Gratuity a....
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....ffective and on the wake of the same we do not see any reason to deny the petitioner the relief sought for in the writ petition. On the wake of the aforesaid, we do feel it convenient to record that the option should have been made available either to have a compassionate appointment provided, however, the deceased employees representative is otherwise competent to hold the post or the adaptation of the family pension fund by way of deposit of provident fund and gratuity amounts. In fact, however, there was no option taken from the employees, at least no records have been produced therefor, neither any submissions made in that regard. Mr. Bhasme, further pointed out that though the present appeals related to two individual cases but any interpretation contrary to the one canvassed by the respondent is likely to open a pandoras box, since in the huge empire of the respondent, several such cases would be existing which would have to be reconsidered. Mr. Bhasme further contended that family members of large number of the employees have already availed of the Family Benefit Scheme and as such it would be taken to be otherwise more beneficial to the concerned employee. We are ....