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2018 DIGILAW 1686 (JHR)

Vijay Singh v. Central Coalfields Limited (A Subsidiary Of Coal India Limited)

2018-08-01

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. - Heard Mr. A. K. Sahani, learned counsel for the petitioner being assisted by Mr. Ajit Kumar and Mr. Arbind Kumar, learned counsel for the respondents. 2. In the captioned writ application, the petitioner has interalia prayed for quashing the order dated 23/24.05.2005 whereby his claim for appointment under clause 9.3.2. for providing employment has been rejected. 3. Learned counsel for the petitioner submits that the application for compassionate appointment which was filed after eight months from the death of his mother has been rejected only on the ground of alleged delay. Naturally, the delay of two months as per circular of the CCL application has been made beyond the period of six months. Learned counsel for the petitioner submits that subsequently, the circular dated 21.01.2012 has been issued by General Manager, CCL with regard to reconsideration of cases of employment under Para 9.3.0 of National Coal Wage Agreement which were regretted earlier on the ground of time barred application. 4. During course of hearing, learned counsel for the petitioner submits that if liberty would be given to the petitioner to file a fresh representation for consideration of his case under Clause 9.3.2 of N.C.W.A in the light of the recent circular dated 21.01.2012 as mentioned above then the grievances of the petitioner shall be redressed. 5. Counter-Affidavit has been filed on behalf of the respondents which justifies the impugned order, vide Annexure-4 to the writ petition. Learned counsel for the respondents however, does not raise serious objection to that course of action if the prayer of the petitioner for filing representation for reconsideration of his case is acceded to. 6. Considering the limited grievance of the petitioner and without delving into the merit of the matter, the writ petition is disposed of with a liberty to the petitioner to file a fresh representation annexing the copy of the circular dated 21.01.2012 before the respondent no.4 within a period of four weeks from the date of receipt/production of copy of this order. On receipt of the said representation, the respondent no.4 shall consider the same in the light of circular dated 21.01.2012 and pass appropriate orders in accordance with relevant circulars and law and the decision be taken within a reasonable period preferably within a period of two months thereafter, which shall also be communicated to the petitioner within four weeks thereafter. 7. 7. With the aforesaid direction, the writ petition stands disposed of.