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2012 DIGILAW 1652 (JHR)

Bechan v. Central Coalfields Limited

2012-11-26

APARESH KUMAR SINGH

body2012
Order Heard counsel for the parties. 2. The petitioner request for appointment on compassionate grounds on account of death of his father on 15.12.1999 has been rejected by the impugned order contained in letter no. 1536 dated 10.10.2002 issued by the respondent no. 5, Personnel Officer, Central Coal Fields Limited, Sayal 'D' colliery, Hazaribag. 3. Certain dates are important to consider the petitioner's case. The petitioner's father was appointed on 14.4.1972 on the post of 'Mazdoor' (Category-I) under the respondent- CCL. On 15.12.1999 he died in harness and death certificate was issued on 11.4.2000. At the relevant point of time when the petitioner's father had died time period for making application for compassionate appointment under the 1995 circular was 6 months. The petitioner's application was rejected on 10.10.2002 by the impugned letter. Before that on 1.1.2002 the respondent had issued a circular which is contained at Annexure-B(ii) whereby on the persistent demand of the union the time period for making an application for consideration of appointment on compassionate grounds was relaxed for 1 year w.e.f. February, 2000. The petitioner's application has been rejected in October, 2002 on the grounds that his application was made 21 days beyond the 6 months period under the 1995 circular for making such application. Respondents, however appeared to have forgot that as per their own circular time limit for making application was relaxed for 1year to take effect from February,2000 itself by the circular dated 1.1.2002 referred to herein above. Since the rejection order came after issuance of first circular dated 1.1.2002, the petitioner's application made 21days after the 6 months period earlier in vogue, as per the circular of 1995 could not have been rejected on such ground, as the circular of 1.1.2002 had taken effect and such application was made after February, 2000. In the circumstances, the ground for rejecting the petitioner's case as time barred does not seem to be justified by any logic or reason. 4. The respondents have however, stated that after 13 years of death of the employee in harness the principle laid in respect of compassionate appointment by the Hon'ble Courts clearly lay down that after such time lapse the destitute family has survived the immediate effect of the death of bread earner and no consideration for compassionate appointment should have been made. 5. 5. The writ petition was filed in the year 2005 and order of rejection dated 10.10.2002 was served upon the petitioner on June 2005 as per the statements made in para 12 of the writ petition, which has not been denied by the respondents in their counter affidavit. 6. From the aforesaid facts, it therefore, appears that the grounds for rejection are arbitrary and not supported by the relevant circulars and rules framed by the respondents themselves. Counsel for the petitioner has relied upon the judgment of the the Division Bench of this Court in the case of Satyanarayan Choudhary Vrs. Central Coalfields Limited reported in 2007(3) JLJR 692 to support his contention that the application for compassionate appointment is to be decided on the basis of circulars / instructions which are in vogue at the time of decision. 7. In the totality of the circumstances discussed herein above, the impugned order of rejection cannot be sustained in law and is set aside. The matter is remanded for reconsideration before the respondent no. 5, Personnel Officer, Central Coal Fields Limited, Sayal 'D' colliery, Hazaribag to pass a reasoned and speaking order in accordance with law within period of 3 months from the date of receipt of copy of the order of this court. 8. The writ petition is allowed in the aforesaid terms.