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2018 DIGILAW 1387 (JHR)

Rajesh Kumar v. Central Coal Field Limited

2018-07-02

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - The petitioner, son of the employee-Kalo Devi, is aggrieved of order dated 11/12.02.2004 by which he has been declined appointment on compassionate ground. 2. Pursuant to order dated 17.05.2018 a supplementary counter-affidavit has been prepared by the respondents, a copy of which is tendered in the Court. This affidavit is a summary of the facts pleaded in the counter-affidavit dated 03.11.2006. 3. Taken on record. 4. Mrs. M. M. Pal, the learned Senior counsel for the petitioner submits that stand of the respondents that application for compassionate appointment for the petitioner was not submitted in proper format cannot be a ground to reject his claim [refer " Shreejith L. Vs. Deputy Director (Education) Kerala and Others , (2012) 4 PLJR 15" (SC) (Para 20)]. Referring to a certificate annexed along with Annexure-7 to the writ petition, it is submitted that on the date of death of his mother, the petitioner had attained the age of 12 years 6 months and while so, he was entitled to be kept on live roster. 5. The respondents admit that after the death of his mother on 19.12.2000 an application for compassionate appointment for the petitioner was submitted on 08.02.2002, however, it was a belated application; at the relevant time the application for compassionate appointment was to be submitted within a period of one year. In terms of NCWA- V which was effective from 01.07.1991 to 30.06.1996, minimum age for keeping a male dependant on live roster was 15 years and in view of NCWA-VI which became effective from 23.12.2000, that is, 4 days after the death of the petitioner''s mother the minimum age for keeping a male dependant on live roster was 12 years. The respondents have pleaded that at the time of death of his mother the petitioner''s age was 11 years 6 months 15 days as on 19.12.2000. In view of the aforesaid fact, the plea taken by the petitioner in his representation dated 09.03.2004 which is denied in the counter-affidavit (para 28), that in the birth-certificate vide Annexure-7 to the writ petition his age was more than 12 years at that time, cannot be accepted for directing the respondents to grant appointment on compassionate ground. Moreover, now about 18 years after the death of his mother no direction for compassionate appointment to the petitioner can be issued. 6. Moreover, now about 18 years after the death of his mother no direction for compassionate appointment to the petitioner can be issued. 6. Finding no infirmity in the impugned order dated 11/12.02.2004, the writ petition is dismissed.