IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.122 of 2006 SANJAY KUMAR RANJAN s/o late Nand Deo Prasad, resident of village and post office- Gopalpur, Via- Jamalpur Gogari ,P.S. Gogari,District- Khagaria ---Petitioner. with C.W.J.C.No. 9080 of 2008 Mostt. Munni Devi w/o late Nand Deo Prasad, resident of village and Post Office- Gopalpur, P.S. Gogari (Jamalpur),District- Khagaria, at present residing at Nagdah (near Rajendra Das Mukhia house), P.S. Muffasil- District- Begusarai. ---Petitioner. Versus 1. THE INDIAN OIL CORPORATION LIMITED through its General Manager, Mumbai. 2. The Executive Director,Barauni Refinery, P.S. Town,District- Begusarai. 3. The General Manager,Barauni Oil Refinery,Begusarai. 4. The Deputy General Manager, Barauni Oil Refinery,Begusarai. 5. The Chief Manager, Human Resources Department, Barauni Oil Refinery,Begusarai. 6. The Senior Personnel & Administrative Officer, Barauni Oil Refinery,Begusarai. ---Respondents in both cases. ----------- 7 4.9.09 In C.W.J.C.No. 122 of 2006, one Sanjay Kumar Ranjan alias Sanjay Kumar Chourasia ,being the son of late Nand Deo Prasad, has filed the writ petition seeking appointment of the petitioner on compassionate basis after the death of his father, who was an employee of respondent no.1, the Indian Oil Corporation at Barauni Oil Refinery . In C.W.J.C.No. 9080 of 2008, Mostt. Munni Devi, the wife of late said Nand Deo Prasad has claimed compassionate appointment on account of same death of her late husband. As the issues and facts are common and all parties have appeared, there is no point in keeping the writ petition pending. 2 With the consent of the parties, the two writ petitions are taken up together and are being disposed of at this stage itself. It appears that late Nand Deo Prasad was an employee of Barauni Refinery of the Indian Oil Corporation posted as Technical, Grade-II (Electrical Side). He was murdered on 22.2.2005. Important to note that he was to superannuate on 28.2.2005. It is because of this six days pre- mature death , the rival claims have set up. It appears that said Nand Deo Prasad had two marriages. His first wife , from whom she had a son and a daughter including the writ petitioner Sanjay Kumar Ranjan alias Sanjaay Kumar Chourasia , died some time in the year 1993. In 1999 he allegedly married Munni Devi- writ petitioner in C.W.J.C.No. 9080 of 2008. It is alleged that late Nand Deo Prasad and Munni Devi had a son, who was born on 9th of August, 2004. It is also relevant to notice here that information of murder of late Nand Deo Prasad was given to the police by his two sons. Police after investigation, submitted charge sheet against the two sons themselves for murdering of their father and pursuant to it cognizance has been taken by the competent Court and the case is awaiting committal to the Court of Sessions for trial. Late Nand Deo Prasad , from his first marriage, had a daughter as well. Thus, there are four children of Nand Deo Prasad. At first in both the writ petitions claim for compassionate appointment, now petitioner Munni Devi wants payment. In my view, the two issues in this case is what are the rights and entitlement of the respective parties 3 consequent to death in harness of late Nand Deo Prasad. Be that as it may , it is relevant to notice that the Regulation of Indian Oil Corporation, which is contained in Annexure -C to the counter affidavit of Indian Oil Corporation in C.W.J.C.No. 122 of 2006, that is known as “FOR REHABILITATION OF THE FAMILY OF THE EMPLOYEE DYING OR SUFFERING PERMANENT TOTAL DISABLEMENT WHILE IN SERVICE ” As noted above, late Nand Deo Prasad died six days before his superannuation. He was murdered. The Scheme envisages three options known as R-1, R-2 and R-3. The Scheme provides that in case of death of an employee, while in service, the female spouse (or dependent male spouse, as the case may be) may opt, within six months of the death of the employee to one of the options , namely, R-1, R-2 and R-3 for rehabilitation of the family. From this, it would be seen that firstly it is for the surviving spouse of the employee, who has to make an option and only one of the three alternatives are available. She sought for compassionate appointment. The death was in February, 2005. We are in 2009. The death was six days prior to superannuation. R-3 contemplates compassionate appointment of dependent son/ daughter. Both Munni Devi and the other writ petitioner want compassionate appointment. In my view, neither would be entitled , in the peculiar facts and circumstances of the case. Compassionate appointment is basically to tied over the difficult time that visits the family because of untimely death of the bread earner while in service. Here, the very object of compassionate appointment 4 is not sub served as the death was six days prior to superannuation . Secondly, compassionate appointment is only for dependent son/daughter Munni Devi is thus excluded. Petitioner cannot get it apart from the short period, as noted above, on the ground that he is charged with murdering of his own father and facing trial. Till that issue is decided , this Court would not come to his cause. Thus R-3 option is ruled out for both the parties. R-2 is an option, which accounts for payment till the employee would have reached superannuation. This is available to the eligible spouse and only in event of spouse death to the dependent nominee. R-1 is again payable to the spouse. This payment is about 40% of the salary last payable. Thus, seen whatever and whoever may be the son/daughter whether dependent or not. In the peculiar facts of this case only spouse is entitled to benefit either under R-1 or R-2. This is exclusion to all others. Therefore, it is only Munni Devi , who would be entitled to it. In view of the aforesaid, an attempt was made by the other writ petitioner to challenge the marriage of Munni Devi to their father. I may notice that Indian Oil Corporation admits Munni Devi is shown as wife of late Deo Nand Prasad in their records . Petitioner Sanjay Kumar and others challenged the marriage but failed in the Civil Court . Even here no serious challenge of marriage was made. Considering the records of Indian Oil Corporation and the facts aforesaid the marriage stands undisputed. That being so, Munni Devi being spouse is entitled to opt R-1 or R-2, as the case may be depending upon her option but surely petitioner Sanjay 5 Kumar Ranjan alias Sanjay Kumar Chourasia or other sons/ daughter of late Nand Deo Prasad are not entitled to any benefit consequent to the death of their father. It will be open to the petitioner Munni Devi to make an application to respondent- Corporation exercising her option either under R-1 or R-2. This position will continue so long there is no order of any competent Court finding that Munni Devi is not lawfully wife of late Nand Deo Prasad. The findings and observation in this writ petition are only for the purposes of settling the dispute inter party is concerned but that is subject to the order of competent Civil Court where parties may agitate the question in accordance with law. With the above observations and directions, this writ petition stands disposed of. SINGH (Navaniti Prasad Singh, J.)