Jharkhand High Court
Ramlal Dusad vs Central Coal Field Ltd Through Its ... on 14 July, 2016
Author: R. Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7995 of 2012
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Ramlal Dusad son of Late Ramdhyan Dusad, Ex - Timber Mistry,
resident of village - Kajaru Khurd, P.O. - Kajaru Khurd, P.S.
Bisrampur, Dist - Palamu, Jharkhand ... ... Petitioner
Versus
1. Central Coalfields Limited, through its Chairman-cum-Managing
Director having its office at Darbhanga House, Ranchi, P.O. - Kuchari
P. S. - Kotwali, Dist - Ranchi
2. Director (Personnel) Central Coalfields Limited Darbhanga House,
Ranchi, P.O. - Kuchari P. S. - Kotwali, Dist - Ranchi
3. Personnel Manager (MP) The State of Jharkhand Central Coalfields
Limited Darbhanga House, Ranchi, P.O. - Kuchari P. S. - Kotwali, Dist
- Ranchi
4. The Project officer Bhurkunda Colliery Central Coalfields Limited
P.O. - Bhurkunda P.S. - Patratu, Dist - Ramgarh
... ... Respondents
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Nand Kishore Prasad Sinha, Advocate
For the Respondents : Mr. Anjani Kumar, Advocate
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09/14.07.2016In this application, the petitioner has prayed for a direction upon the respondents to take immediate steps for appointment of the petitioner on compassionate ground as the father of the petitioner had died in harness on 02.01.2010.
Briefly stated the facts are that the father of the petitioner namely late Ram Dhayan Dusadh was employed as a Timber Mistry in Bhurkunda Colliery of M/s. Central Coalfields Limited who had died in harness on 02.01.2010. An application was submitted by the mother of the petitioner for employment of her elder son namely Jagjiwan Dusadh on compassionate ground but the same was rejected as the elder son had already crossed the upper age limit of thirty five years.
An application was submitted by the mother of the petitioner in which a request was made for payment of monetary compensation to her and to keep the petitioner in the live roster for employment on compassionate ground as the petitioner was a minor. Since no steps were taken by the Management for providing compassionate appointment to the petitioner the present writ application has been filed.
-2-Heard Mr. Nand Kishore Prasad Sinha, learned counsel appearing for the petitioner and Mr. Anjani Kumar, learned counsel appearing for the Central Coalfields Limited.
It has been submitted by the learned counsel for the petitioner that the date of birth of the petitioner is 10.02.1996 and at the time of death of his father on 02.01.2010 the petitioner was a minor. It has been submitted that the respondents should have placed the petitioner in the live roster in terms of the provisions of National Coal Wage Agreement and should have subsequently provided him with compassionate appointment after he attained the age of majority. Learned counsel further submits that inspite of repeated representations the case of the petitioner was not considered and, therefore, the petitioner was constrained to move this Court in its writ jurisdiction.
Learned counsel appearing for the respondents has submitted that initially the elder son of deceased-employee had submitted an application for grant of compassionate appointment which was, however, rejected on 11.02.2011 as he was more than thirty five years of age on the date of death of the deceased-employed. Learned counsel also submits that the entire facts are disputed as in the writ application preferred by Jagjiwan Dusadh and Jaglal Dusadh statement has been made that their mother Kalia Devi had already died on 15.06.1987. It has also been submitted that none of the nomination forms or service excerpts the name of the petitioner finds mention and, therefore, the present writ application is liable to be dismissed.
It appears that earlier the claim of compassionate appointment of Jagjiwan Dusadh was rejected by the Management vide letter dated 11.02.2011 as he had crossed the upper age limit of thirty five years as on the date of death of deceased-employee. Jagjiwan Dusadh had also preferred a writ application being W.P.(S) No. 5040 of 2011 seeking compassionate appointment which was, however, dismissed as withdrawn vide letter dated 18.09.2015. The counter affidavit filed by the respondents suggests that the mother of the petitioner namely Kalia Devi had pre-deceased the father of the petitioner as has been -3- stated in the writ application preferred by Jagjiwan Dusadh and Jaglal Dusadh. It appears that the name of the petitioner was incorporated in the service record of the deceased-employee vide letter dated 08.04.2005. In such circumstance, therefore, when the name of the petitioner has been brought on the service record by the respondents being one of the dependents of late Ram Dhayan Dusadh, merely because his name did not find mention in the earlier nomination form the petitioner cannot be deprived for his claim to be considered for appointment on compassionate basis. The respondents have tried to focus on the writ application filed by Jagjiwan Dusadh as well as their statements that the mother of the petitioner namely Kalia Devi had pre-deceased the father of the petitioner but the fact remains that the name of the petitioner has been incorporated in the service record and, therefore, the claim of the petitioner deserves consideration by the respondents.
Accordingly, this writ application is disposed of with a liberty to the petitioner to file a fresh representation stating in details his claim along with necessary documents in support thereof within a period of four weeks and if such representation is preferred, the respondent no. 3 shall look into the same and thereafter pass necessary order in accordance with law within a period of sixteen weeks from the date of receipt of representation by passing a reasoned order.
(R. Mukhopadhyay, J.) Umesh/-