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2006 DIGILAW 228 (CHH)

BETWEEN GOPI v. COAL INDIA LTD.

2006-04-03

SATISH K.AGNIHOTRI

body2006
( 1 ) THE petitioner was working in the post of Loader from June 1, 1975 to May 20, 1990 in the office of New Rajnagar Colliery, Hasdeo Area, SECL, Tahsil-Kotma, District Shahdol. ( 2 ) THE petitioner was declared medically unfit by the Area Medical Board on April 6, 1990. The service of the petitioner was terminated w. e. f. May 21, 1990 vide dated May 17, 1990 (Annexure R/l ). The petitioner did not challenge the said order and accepted the same. ( 3 ) THE petitioner thereafter submitted his application on July 2, 1990 (Annexure P/2), seeking appointment of his wife Smt. Uttara Bai on compassionate ground. The Respondent Coalfield considered application of the petitioner dated July 2, 1990 and granted employment to Smt. Uttara Bai on the post of the General Mazdoor Category-I by order dated July 25, 1992. Smt. Uttara Bai joined the post on September 7, 1992 and has been continuing to work on the said post. ( 4 ) THE petitioner has filed this petition on August 1, 2003, praying that the appointment order dated September 15, 1992 in favour of his wife Smt. Uttara Bai be quashed and the petitioner be reinstated in service with all back wages. The petitioner has filed this petition after a period of 11 years. The petitioner has not explained inordinate delay in filing this petition. Even on merit, the petitioner has not made out a case indicating that any right of the petitioner has been infringed by granting compassionate appointment to the wife of the petitioner on the basis of his application. The I petitioner has not challenged his termination order, which was based on the ground of medical fitness. ( 5 ) THIS petition is misconceived and mounts to misuse of judicial process. Petition of this nature must be dealt with sternly as the petitioner, after having availed benefits of getting compassionate appointment in favour of his wife, Smt. Uttara Bai cannot be permitted to file this frivolous petition. ( 6 ) THE petition is accordingly dismissed with cost. The cost is quantified at Rs. 1000/ -. The same shall be payable to the High Court Legal Aid Service Committee, within a period of six weeks. Consequently, M. (W.)P. No. 2378/2003 stands disposed. --- *** --- .