daughter of Ram Saran who died in harness on 13.02.2019. In pursuance to the directions issued by this Court vide judgment and order dated 16.03.2021, though the respondents have considered the claim of the petitioner yet have refused to pass an order on account of pendency of a civil suit which has been filed by Ram Beti and another against the petitioner. The respondents have also indicated in the order impugned dated 06.04.2021 that till such time the matter remains pending before the learned Civil Judge no orders can be passed with regard to the claim of the petitioner for compassionate appointment. The petitioner has filed a supplementary affidavit dated 02.11.2022 whereby she has brought on record the order dated 12.04.2022 by which the said suit has been dismissed for non-prosecution. A specific averment has been made in paragraph 4 of the said affidavit that no application for restoration/recall of the said order has been filed by the plaintiffs therein meaning thereby that the suit has still not been restored. As such, the only impediment, as indicated in the impugned order dated 06.04.2021 by the respondents for not considering the claim of the petitioner for compassionate appointment, that is pendency of the suit no longer survives taking into consideration the supplementary affidavit which has been filed by the petitioner. Incidentally, despite the supplementary affidavit having been filed in November, 2022 the respondents have failed to rebut the averments as contained in the said supplementary affidavit and thus the only inference that can be drawn is that the respondents do not object to the statement as made by the petitioner of the suit having been dismissed for non-prosecution.
