SUDHIR KUMAR Vs. SOUTH EASTERN COAL FIELD LTD.

JUDGEMENT

(1.) The Appellant has challenged the impugned order dated 26.04.2019 passed in W.P.(S) No. 3066 of 2019 by the Writ Court, whereby the writ petition filed by the writ petitioner before the Writ Court seeking relief for a direction for considering his case for grant of compassionate appointment has been dismissed on the ground of delay.

(2.) Learned counsel for the Appellant submits that the deceased employee, undisputedly, died on 10.02.2000. Thereafter, some family dispute arose between the two wives of the deceased. To settle the dispute, a civil suit was filed before the competent Civil Court.

(3.) Learned counsel for the Appellant, in view of the aforementioned facts, further submits that the delay was not for the reason in projecting the application but with regard to the family dispute that arose between the parties giving rise to filing of a civil suit in which SECL was also a party. The proceeding of suit ended with a compromise decree between parties in First Appeal. The compromise decree was challenged by respondent department in Second Appeal, which was dismissed. After dismissal of Second Appeal, execution proceedings was initiated and the executing Court terminated the proceedings on 06.04.2018 taking into consideration the observations made by High Court in Second Appeal's order. He submits that immediately after the termination of execution proceedings application for compassionate appointment was filed within short time. He submits that as at last civil Court proceeding came to an end on 06.04.2018 and thus his application filed within two months is in time.