Md. Niyaz Ahmad Kadri v. Bharat Coking Coal Limited
2013-11-19
SHREE CHANDRASHEKHAR
body2013
DigiLaw.ai
ORDER 1. The petitioner has approached this Court seeking a direction upon the respondents to offer appointment on compassionate ground. 2. The brief facts of the case are that, thee father of the petitioner was appointed on 26.10.1975 as Dumper Operator. He died on 24.06.2005. Thereafter, the petitioner made representation for grant of appointment on compassionate ground which was accepted by the authorities and letter dated 30.01.2007 was issued for appointment of the petitioner as 'Trainee' Category-I. Since the step-mother of the petitioner raised an objection for offering appointment to the petitioner, on a complaint, a letter was issued by the Project Officer on 28.06.2007 to the petitioner and his step-mother Jarina Bibi to appear before him however, as she did not appear before the Project Officer, he wrote letter dated 17.09.2007 intimating the same to the Personnel Manager. Thereafter, the petitioner submitted another representation on 29.04.2008 seeking appointment and intimating the authorities that her step-mother has withdrawn her objection. A notice was again issued to Jarina Bibi, the step mother of the petitioner on 21.06.2010 to appear before the authorities which was refused by the said Jarina Bibi. Thereafter, the petitioner represented again before the concerned authority on 04.05.2011. 3. Heard the learned counsel for the parties and perused the documents on record. 4. The learned counsel appearing for the petitioner has submitted that, the offer of appointment dated 30.01.2007 was withdrawn on the objection of the step-mother of the petitioner and since the step -mother of the petitioner has withdrawn her objection, the petitioner is entitled for appointment on compassionate ground which was offered to him by letter dated 30.01.2007. 5. Per contra, the learned counsel appearing for the respondents has submitted that since the step-mother of the petitioner has raised an objection to the offer of appointment without hearing the step-mother of the petitioner, the company could not have offered appointment to the petitioner. A notice was issued to the step-mother of the petitioner however, she has refused to accept the said notice and therefore, in these facts, the petitioner was not offered appointment on compassionate ground. 6. On a perusal of the documents on record, I find that the petitioner was offered appointment on the post of 'Trainee' Category-I by letter dated 30.01.2007.
A notice was issued to the step-mother of the petitioner however, she has refused to accept the said notice and therefore, in these facts, the petitioner was not offered appointment on compassionate ground. 6. On a perusal of the documents on record, I find that the petitioner was offered appointment on the post of 'Trainee' Category-I by letter dated 30.01.2007. It appears that since the step-mother of the petitioner raised an objection to the offer of appointment to the petitioner, the said letter was withdrawn and a notice was issued to the step-mother of the petitioner for hearing her objection. Since, the step-mother of the petitioner refused to accept the notice, the document which has been filed by the petitioner on 29.04.2008 stating that her step-mother has withdrawn her objection, should not have been disputed by the respondent-authorities. It appears that the letter of appointment was issued to the petitioner in the year, 2007 and the step-mother of the petitioner was issued notice in the year, 2010 to which she refused to respond and therefore, I am of the view that the respondent-authorities should ignore the objection of the step-mother of the petitioner and consider the claim of the petitioner. This writ petition is disposed of with a direction to the respondent no. 3 to consider the appointment of the petitioner which was offered to the petitioner by letter dated 30.01.2007, in accordance with law. Petition disposed of.