CENTRAL COALFIELDS LIMITED Vs. SMT.PARDEN ORAON

JUDGEMENT

(1.) The respondent requested the appellants to appoint her son in the place of his father who was missing since 2002 which was rejected. Aggrieved thereby, the Respondent filed a writ petition in the High Court of Jharkhand. The writ petition was allowed and the appeal filed by the appellant was dismissed by the Division Bench of the High Court. Hence this appeal.

(2.) The husband of the respondent was an Operator, Helper Category (Category II) at Gidi Washery. The Respondent informed the officer in-charge of Bhurkunda Thana, Hazaribagh that her husband was missing since 03.10.2002. A copy of the said information was communicated to the Regional Officer of the Gidi Washery. A charge-sheet was issued by Appellant No. 1 to the Respondent's husband for desertion of duty since 01.10.2002 and an inquiry was conducted in which the Respondent participated on behalf of her husband. On the basis of Inquiry Officer's report, the Appellant No. 1 terminated the services of the Respondent's husband with effect from 21.09.2004.

(3.) The Respondent filed a suit in the Court of the Additional Munsif, Hazaribagh seeking a declaration of civil death of her missing husband. The said suit was decreed with effect from the date of filing of the suit i.e. 23.12.2009 by a judgment dated 13.07.2012. The Respondent made a representation on 17.01.2013 seeking compassionate appointment for her son which was rejected on 03.05.2013. The request for compassionate appointment was rejected by Appellant No. 1 on the ground that the Respondent's husband was already dismissed from service and therefore, the request for compassionate appointment could not be entertained.