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2008 DIGILAW 1190 (JHR)

Babulal Gowalla v. Bharat Coking Coal Ltd.

2008-10-18

R.R.PRASAD

body2008
JUDGMENT : Heard the parties. The petitioner-Babulal Gowalla claimed to be the son of late Ramjee Gowalla has applied for appointment on compassionate ground, as his father died in harness on 16.2.1990, but as no order regarding appointment of the petitioner was made, he preferred a writ petition bearing C.W.J.C. No. 284 of 1999R, wherein the respondents took a plea that the petitioner has failed to establish the relationship as son and father in between the petitioner-Babulal Gowalla and Late Ramjee Gowalla. Thereupon, this Court disposed of the writ petition on 11.1.2001 directing the petitioner to produce a copy of the order passed in C.W.J.C. No. 284 of 1999R along with the affidavit of the widow of the deceased-Ramjee Gowalla and any other document in support of the claim of the petitioner being son of late Ramjee Gowalla and at the same time, option was also given to the respondents to get the matter inquired into from the concerned Superintendent of Police. Thereafter, the petitioner did file an application before the Competent Authority along with the mother’s affidavit and also the Matriculation Certificate. Upon it, the Superintendent of Police, Raipur, Chhatisgarh was requested to furnish report after making inquiry as to whether the petitioner is the son of late Ramjee Gowalla. Pursuant to that, the Superintendent of Police, Raipur, Chhatisgarh instead of submitting report submitted Character Certificate of the petitioner showing the name of the father of the petitioner as late Ramjee Gowalla and, therefore, the respondent did not consider it to be a report, rather simply a Character Certificate and hence rejected the claim of the petitioner for appointment on compassionate ground which is quite illegal, as the Authority did not consider the other documents, such as his mother’s affidavit as well as Matriculation Certificate showing the name of petitioner’s father as late Ramjee Gowalla and at the same time, the Authority failed to take into consideration that the certificate furnished by the Superintendent of Police, Raipur, Chhatisgarh did contain the name of father of the petitioner as late Ramjee Gowalla and, therefore, the order, as contained in Annexure-2/1, whereby the claim of the petitioner has been rejected, is fit to be quashed. As against this, learned counsel for the B.C.C.L. submits that the certificate furnished by the Superintendent of Police, Raipur, Chhatisgarh would go to show that it was never a report which has been submitted after making inquiry, rather the same is a Character Certificate and hence, the petitioner’s claim has rightly been rejected. Learned counsel further submits that the petitioner’s father died in the year 1990 and this writ application is coming forth for consideration in the year 2008 i.e. after 18 years and during these periods, the petitioner as well as other family members did sustain themselves and, therefore, the question of appointing the petitioner on compassionate ground never arises, as the circumstances itself indicate that the petitioner and the other family members must have sufficient means to sustain themselves. I do not find substance in submission made on behalf of the learned counsel for the B.C.C.L. It be stated that the father of the petitioner died in the year 1990 and thereupon the mother of the petitioner applied for appointment of the petitioner on compassionate ground in the year 1992, but when no decision was taken in the matter, the petitioner had to prefer a writ petition before this Court vide C.W.J.C. No. 284 of 1999R which was disposed of on 11.1.2001, whereby the petitioner was directed to represent the matter again by producing a copy of the order along with other documents for establishing the fact that the petitioner is the son of late Ramjee Gowalla and at the same time, option was given to the respondents to get the matter inquired from the concerned Superintendent of Police. Accordingly, the Certificate of Matriculation as also affidavit of the mother were filed. Thereupon, desired report of the concerned Superintendent of Police was called for. Accordingly, the Certificate of Matriculation as also affidavit of the mother were filed. Thereupon, desired report of the concerned Superintendent of Police was called for. In course of time, Superintendent of Police, Raipur, Chhatisgarh instead of submitting report submitted a Certificate of Character where the name of the father has been mentioned as late Ramjee Gowalla still the petitioner’s claim was refused on the ground that the report submitted by the Superintendent of Police, Raipur has never a report of inquiry, though other documents were also there to show that the name of the petitioner’s father was late Ramjee Gowalla, but those documents were never taken into consideration and under these situations, the plea taken by the respondents that a considerable time has passed since the petitioner’s father died and during these periods, the petitioner and his mother sustained themselves, the petitioner does not need any compassion, is not tenable. Accordingly, the order, as contained in Annexure-2/1, is hereby quashed. The respondent no. 1 (M/s Bharat Coking Coal Limited, through its Chairman-cum-Managing Director, Koyla Bhawan, Dhanbad) is hereby directed to take decision in the matter of appointment of the petitioner within one month from the date of receipt/production of a copy of this order. With this observation and direction, this application stands disposed of.