Jharkhand High Court
Surthi Devi vs Central Coal Field Limited & Ors on 12 March, 2019
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4758 of 2017
Surthi Devi .... Petitioner
Versus
Central Coal Field Limited & Ors. .... ... Respondents.
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CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
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For the petitioner: Mrs. M.M. Pal, Advocate
For the Respondents: Mr. Amit Kumar Das, Advocate
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06/12.03.2019. The petitioner prays for compassionate appointment on behalf of her son.
The death of husband of this petitioner had taken place on 03.03.1998. Record suggest that the petitioner applied for compassionate appointment. Though, her application was processed and the proposal was forwarded by the authorities of the Central Coal Field Limited to the headquarters but the headquarters of the Central Coal Field Limited did not pass any order on the application of the petitioner. In the meantime, as the petitioner became over age i.e. of 59 years. As she was physically not fit, she filed a representation to the respondents to grant compassionate appointment to her son.
2. Counsel for the Central Coal Field Limited submitted that they have now taken stand in their counter affidavit that they will give monetary compensation to the petitioner from 1998 till the petitioner attains 60 years and now no purpose would be served to provide compassionate appointment, as 26 years from the date of death has already lapsed and the cause has been frustrated.
3. It is admitted that the representation of the petitioner claiming compassionate appointment which was filed on 15.05.1998, has not been decided. Though, there were recommendation from different authorities yet the highest authority of Central Coal Field Limited has not granted compassionate appointment to her, kept the application pending, thus frustrated the entire claim of the petitioner for compassionate appointment. Now, they have come up with a face- saving measure, stating in the counter affidavit that they are ready to pay monetary compensation. This sort of attitude of the Central Coal Field Limited is depreciated. An application for compassionate appointment needs to be decided within six months, but for 26 years they are sitting over the matter and frustrated the claim of compassionate appointment. Central Coal Field Limited cannot be allowed to derive benefit from their own wrong. Thus, the Director Personnel of Central Coal Field Limited is directed to file affidavit stating why not an appropriate cost would be imposed upon the respondents for their latches. Affidavit should be filed personally by the Director Personnel within two weeks.
4. List this case after two weeks under the heading 'For Orders'.
(AnandaSen, J) Priya