Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 745 (JHR)

Savitri Devi v. Central Coalfields Limited

2017-04-21

S.N.PATHAK

body2017
JUDGMENT : S.N. PATHAK, J. 1. The petitioner has approached this Court for commanding upon the respondent to permit the petitioner to discharge her duties in pursuance of the letter of appointment dated 14.10.2008 issued under the signature of respondent no. 2 whereby the petitioner has been given appointment on compassionate ground. Factual Matrix 2. The husband of petitioner late Ganesh Tiwari was working as Ex Dumper Operator under the respondent Central Coalfields Limited and was working under Piparwar Project as a regular permanent employee, who died in harness on 15.02.2004. The petitioner being the only dependent of late Ganesh Tiwari, made an application for payment of his post death benefits as also for appointment on compassionate ground under the provisions of National Coal Wage Agreement but till date no order has been passed regarding the reasons for restraining the petitioner from performing her duty though a letter of appointment was issued to her as far as on 14.10.2008 and hence this writ petition. 3. Mr. Saurabh Shekhar, learned counsel appears on behalf of the petitioner and vehemently argues that though the petitioner was offered a letter of appointment on compassionate ground on 14.10.2008 itself but after some time without assigning any reason, the respondent authorities illegally and arbitrarily restrained her from performing her duty. Learned counsel further argues that without any rhyme and reason and without issuance of any notice, she has been restrained from performing her duty which is de-horse the rules and in complete violation of cardinal principles of natural justice. 4. On the other hand, counter affidavit has been filed. Mr. M.B. Lal appears on behalf of C.C.L. and submits that already we have paid the post-death benefits to the petitioner, who is sole dependent of late Ganesh Tiwari. Regarding the compassionate appointment, Mr. Lal submits that as the appointment itself was forged and the petitioner was found to be involved in a criminal case which was still pending and therefore she was restrained from doing any work which is as per the rules mentioned in the letter of appointment itself and as such there is no illegality in restraining the petitioner from performing her duty, but admittedly no order has been passed. 5. 5. Be that as it may, having gone through the rival submissions of parties, this Court is of the considered view that if the appointment itself is forged, the provision of natural justice cannot be applied in all the cases of appointment. In the instant case, there was a criminal case pending against the petitioner and as such in view of the rules mentioned in letter of appointment, the petitioner was restrained from doing work, but admittedly without any notice. From perusal of the records, it has come to notice that during pendency of the writ petition, the petitioner was acquitted from the charges. For doing justice, it is requirement of law that the petitioner should represent before the respondent authorities particularly respondent no.2 with the entire documents required for compassionate appointment along with the order of acquittal and on receipt of same, the respondent will pass a reasoned order. I hereby, direct the respondent no.2 to give a personal hearing to the petitioner and pass reasoned order taking into account the order of acquittal and if the petitioner is found fit for continuance of his appointment, the petitioner should be taken back into the services from the date she has been restrained from doing her work along with all consequential benefits. 6. With the aforesaid observation, this writ petition is disposed of. Respondent authority is directed to pass reasoned order within a period of six weeks from the date of receipt of copy of this order.