LAWS(CHH)-2012-8-3

VIMLESH MISHRA Vs. SOUTH EASTERN COAL FIELDS LTD

Decided On August 01, 2012
VIMLESH MISHRA Appellant
V/S
SOUTH EASTERN COAL FIELDS LTD Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this petition, the petitioner seeks quashing of the communication dated 17/19-1-2008, by which the representation submitted by the petitioner for grant of compassionate appointment, has been rejected. The petitioner also seeks a direction to the respondent authorities to consider case of the petitioner for grant of compassionate appointment.

(3.) Case of the petitioner, in short, is that the husband of the petitioner namely; Ramvishal Mishra, while working as Dumper Operator in SECL died on 05.03.1996, in harness. The petitioner made an application for grant of compassionate appointment on 09.05.1996 (Annexure P/2) and requested the respondent authorities to grant appointment on the basis of compassionate grounds. According to the petitioner, during pendency of the application, the respondent authorities called the petitioner and stated that no post is lying vacant, and as and when the vacancy is available, her case would be considered. The respondent also advised the petitioner to submit an application for getting monetary benefits in place of compassionate appointment. Thereafter, even after lapse of more than three years when the case of the petitioner was not considered for grant of compassionate appointment, the petitioner preferred a petition before this Court being W.P.(S) No. 6717 of 2007, which was disposed of by this Court by order dated 17.11.2007 (Annexure P/5) in the following terms :