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Jharkhand High Court · body

2018 DIGILAW 1858 (JHR)

Biru Ray v. Chairman Cum Chief Managing Director

2018-08-14

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - Petitioner seeks a direction upon the respondent-M/s BCCL to appoint him on compassionate grounds. 2. Father of the petitioner who was working as Tyndel at Murlidih Colliery under M/s BCCL died in harness on 11.03.1994. His mother submitted an application for her compassionate appointment, however, the respondent-M/s BCCL offered monetary compensation to her. Responding to the option offered by the respondent-M/s BCCL which is reflected in letter dated 23.12.1998 his mother reiterated her claim for compassionate appointment through her representation dated 31.12.1998. About 5 years thereafter the respondent-Deputy Chief Personal Manager, Mahuda Unit informed the petitioner''s mother that her claim for compassionate appointment being suspicious and delayed has been rejected. After death of his mother on 23.04.2015, the petitioner has submitted an application on 15.05.2016 for his own appointment on compassionate grounds. 3. The respondents have taken a stand that claim raised by the petitioner 22 years after the death of his father cannot be granted. 4. The learned counsel for the petitioner submits that had the order of rejection of claim of his mother for compassionate appointment been communicated to her in the year 1998-99 she could have made an application for keeping him on live roster which would have entitled the petitioner to claim compassionate appointment on attaining majority and since there is inordinate delay on the part of the respondents in rejecting the claim of his mother, they cannot take benefit of their own fault and reject claim of the petitioner on the ground of delay. 5. Admitted facts of the case are that on the date of death of his father the petitioner was not eligible for appointment and no application for keeping him on live roster was made. At the relevant time minimum age for keeping a male dependant on live roster under NCWA-VI was 12 years. He has submitted an application for his appointment on compassionate grounds on 15.05.2016. Apparently, more than 22 years after the death of his father petitioner''s claim for compassionate appointment is a belated one and accordingly, no direction can be issued to the respondent-M/s BCCL to offer him appointment on compassionate grounds. 6. He has submitted an application for his appointment on compassionate grounds on 15.05.2016. Apparently, more than 22 years after the death of his father petitioner''s claim for compassionate appointment is a belated one and accordingly, no direction can be issued to the respondent-M/s BCCL to offer him appointment on compassionate grounds. 6. In so far as monetary compensation payable to mother of the petitioner is concerned, in view of letter dated 23.12.1998 vide Annexure-A/1 to the counter-affidavit it must be held that she was entitled for monetary compensation and accordingly, the amount of monetary compensation payable to his mother till her death must be paid to the petitioner and other surviving legal heirs. 7. Accordingly, the General Manager, West Jharia Area, Murlidih, BCCL respondent no. 2 is directed to ensure payment of monetary compensation payable to the petitioner''s mother to the petitioner within four weeks, after an affidavit is submitted by him on behalf of other legal heirs authorizing him to receive the amount of monetary compensation. 8. The writ petition stands disposed of.