Jharkhand High Court
Chhedi Singh vs Central Coalfields Ltd on 25 February, 2019
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.6281 of 2008
Chhedi Singh ...... Petitioner
Versus
1. Central Coalfields Ltd., through its Chairman cum Managing
Director, Darbhanga House, Ranchi
2. Director, Personnel, Central Coalfields Ltd., Darbhanga House,
Ranchi
3. General Manager, P & I R, Central Coalfields Ltd., Darbhanga
House, Ranchi
4. Personnel Manager (MP), Central Coalfields Ltd., Ranchi
5. Staff Officer (Personnel), Barka, Sayal Area, Central Coalfields
Ltd.
6. Project Officer, Sonda "D" Colliery, Central Coalfields Ltd.,
Hazaribagh ...... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner :Mr. A.K.Sahani, Adv.
Mr. Ajit Kumar, Adv.
For the Respondents :Mr. A.K.Das, Adv.
Ms. Swati Shalini, Adv
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09/Dated: 25/02/2019 Heard learned counsel for the parties. The present writ petition has been filed by the petitioner for compassionate appointment on account of death of his father on 09.02.1998 while working on the post of Loader.
Petitioner being son had claimed compassionate appointment.
As per the pleading, it appears that father of the petitioner had died on 09.02.1998 while the application for keeping the petitioner on live roaster had been made on 06.10.1999 i.e. after 01 year 07 months from the date of death of his father.
Thus, claim of the petitioner had been rejected on the ground of limitation because as per respondents, time limit was six months for making an application for compassionate appointment.
A counter affidavit has been filed, wherein it has been stated that at relevant point of time, the claim for live roaster was maintainable with regard to the defendant whose age was above 15 years while the petitioner was aged around 13 years 10 months and as such, as per existing legal position petitioner was not entitle for keeping his claim on live roaster.
Rejection of application of the petitioner on the ground of limitation is not tenable as because with regard to making an application for compassionate appointment limitation can be applied but for keeping the name of the dependents of the employee in live roaster is the duty of the employer. As per rules and regulations and circular, it is duty upon the employer to keep the dependents of the deceased employer on live roaster, if they fulfill the eligibility criteria.
Since, petitioner was not fulfilling the age criteria and as such, no relief can be granted to the petitioner.
In that view of the matter, the present writ petition stands dismissed.
(Rajesh Kumar, J.) Shahid/