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Jharkhand High Court · body

2018 DIGILAW 2059 (JHR)

Bandhani Kamin v. Central Coal Field Ltd.

2018-09-12

APARESH KUMAR SINGH

body2018
ORDER Aparesh Kumar Singh, J. - Heard learned counsel for the petitioner and learned counsel representing the Respondent Central Coalfields Ltd. 2. Petitioners are the widow and son of the deceased employee Roga Karmali who died on 09.12.1999 in harness while working in the capacity of Black Smith under Category-IV at Sarubera Colliery, Ramgarh under the CCL. Petitioner no.2 has made a claim for compassionate appointment in the light of the circular dated 21.01.2012 (Annexure-6). 3. As per the instruction of learned counsel representing CCL, his claim for compassionate appointment was rejected earlier vide letter no. 8331 dated 10.12.2003 as being time barred as having applied beyond 6 months period as applicable at the time of death of the employee. The circular at Annexure-6 is based on a decision taken in the Joint Consultative Committee meeting held on 24.10.2011 and subsequent meeting on 30.12.2011 to reconsider the cases of employment on compassionate ground which were earlier rejected on the ground of delay beyond 6 months from the date of death of the employee, up to 1 1 /2 years delay from the date of death of the employee. Extension of time limit was up to 1/ years and is effected retrospectively from 12.12.1995 for reexamination of cases regretted on belated ground. At the relevant point of time, time limit for making application for compassionate appointment was 6 months. As per the case of the petitioner, he applied on 23.10.2014. Learned counsel for the Respondent CCL submits that this application is also barred as it ought to have been made within a period of 1/ years from the date of the circular. Petitioner has approached this Court in 2018 in respect of his claim for compassionate appointment. 4. Considered the submission of learned counsel for the parties in the light of the material facts borne on record and based on instruction of learned counsel for the Respondent CCL. Case of the petitioner is based upon a circular at Annexure-6 dated 21.01.2012. Application has admittedly been made on 23.10.2014. As such, before entering into the adjudication of the claim of the petitioner, it is deemed appropriate that the competent authority under the Respondent CCL would take a decision on such application within a period of 8 weeks from the date of receipt of copy of this order. 5. The writ petition is disposed of accordingly.