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2014 DIGILAW 555 (JHR)

Bipin Murmu v. Central Coalfileds Ltd. through its Chairman-cum-Managing Director

2014-04-28

R.BANUMATHI, SHREE CHANDRASHEKHAR

body2014
JUDGMENT SHREE CHANDRASHEKHAR, J. 1. This Letters Patent Appeal has been preferred challenging the order dated 26.02.2014 passed in W.P. (S) No. 5885 of 2008, whereby the writ petition, claiming appointment on compassionate ground, has been dismissed. 2. Brief facts of the case are that the father-in-law of the appellant died in harness on 11.08.2005 and thereafter the wife of the appellant submitted an application on 02.11.2005 seeking employment on compassionate ground. However, vide order dated 9.03.2006 the application claiming appointment on compassionate ground of Smt. Parvati Devi, wife of the appellant, was rejected saying that there is no provision for appointment on compassionate ground for married daughters. Thereafter, on 26.04.2006, the wife of the deceased-employee, late Jit Ram Manjhi, submitted an application requesting the authorities to consider the appointment of her son-in-law, who is appellant before this Court, on compassionate ground. The appellant submitted his application in prescribed format on 8.08.2006. The respondent-authorities asked the appellant to submit documents in support of his claim that he was dependent on the earning of his father-in-law and accordingly the appellant submitted the dependency certificate, issued vide letter dated 18.07.2006 by Anchal Adhikari, Ramgarh. Again the respondent-authorities, vide letter dated 11.08.2006, asked the appellant to submit the indemnity bond and statement of family members of the deceased, which were furnished by the appellant to the respondents-authorities vide letter dated 19.08.2006. The claim of the appellant was rejected vide order dated 16/17.06.2008 stating that his case for employment has not been considered by the competent authority under para 9.3.0 of N.C.W.A. – VII. Being aggrieved, the appellant approached this Court by filing writ petition, being W.P. (S) No. 5885 of 2008, which was dismissed by the impugned order dated 26.02.2014. 3. We have heard Mr. Rajesh Kumar, learned counsel appearing for the appellant and Mr. Charanjit Mukherjee, learned counsel appearing for the respondents C.C.L. 4. Learned counsel appearing for the appellant submitted that in terms of paragraph 9.3.3. under Chapter IX of the N.C.W.A. the son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased-employee is also entitled for appointment on compassionate ground. It is submitted that as required by the respondent-authorities, the appellant submitted dependency certificate, indemnity bond etc. but his claim has been rejected vide order dated 16/17.06.2008 by the respondents-authorities, without disclosing any valid reason. 5. It is submitted that as required by the respondent-authorities, the appellant submitted dependency certificate, indemnity bond etc. but his claim has been rejected vide order dated 16/17.06.2008 by the respondents-authorities, without disclosing any valid reason. 5. Per contra, the learned counsel for the respondent submitted that since the name of the appellant did not appear in the service book of the deceased-employee, he was not considered as dependent of the deceased-employee. 6. We have considered the rival contention of learned counsel for the parties. 7. Clause 9.3.2 and 9.3.3 of the N.C.W.A. – VII, reads as under:- 9.3.2 Employment to one dependent of the worker who dies while in service. In so far as female dependents are concerned, their employment/payment of monetary compensation would be governed by para 9.5.0. 9.3.3 The dependent for this purpose means the wife/husband as the case may be, unmarried daughter, son an legally adopted son. If no such direct dependent is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased may be considered to be the dependents of the deceased. 8. It appears from the above provisions that in case where any married daughter, son and legally adopted son of the deceased-employee is not available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased can be considered for appointment on compassionate ground. The appellant, as required by the respondents-authorities submitted the dependency certificate dated 18.07.2006 (Annexure-8 to the memo of appeal) issued by the Circle Officer, Ramgarh and Indemnity Bond etc. in support of his claim for appointment on compassionate ground. However, from the order dated 16/17.06.2008, the order impugned in the writ petition, it appears that the documents submitted by the appellants were not considered by the respondents-authorities and by a cryptic order without disclosing any reason, the claim of the appellant has been rejected. In view of the aforesaid, the respondents are directed to consider the claim of the appellant afresh particularly, in the light of the dependency certificate and other relevant documents produced by the appellant. 9. In view of the aforesaid observations and directions, the impugned order dated 26.02.2014 is set aside and this Letters Patent Appeal is allowed. The respondent no. In view of the aforesaid, the respondents are directed to consider the claim of the appellant afresh particularly, in the light of the dependency certificate and other relevant documents produced by the appellant. 9. In view of the aforesaid observations and directions, the impugned order dated 26.02.2014 is set aside and this Letters Patent Appeal is allowed. The respondent no. 2 is directed to consider the claim of the appellant afresh, in the light of the above direction, within a period of four months from the date of receipt/production of copy of this order.