GANESH KUMAR Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner has preferred this writ petition for quashing the letter dtd. 22/7/2017 (Annexure-9), whereby, the case of the petitioner for appointment on compassionate ground has been rejected by the respondents. The further prayer is made for direction to the respondents to appoint the petitioner on compassionate ground under Para 9.3.0 of N.C.W.A.

(2.) The father of the petitioner was appointed on 24/4/1984 on the post of Driver with the respondent-CCL and he was working in KDH Colliery. In the service excerpt issued in favour of the petitioner's father, the petitioner was shown as his dependent son. The father of the petitioner was suffering from kidney and eye problem and in that view of the matter, he offered for voluntary retirement under the policy of the respondent-CCL and requested to provide employment to the petitioner, who happened to be his son. The father of the petitioner was declared fit and accordingly request for voluntary retirement was turned down. Again on 25/2/2014, the father of the petitioner made an application before respondent no.5 stating therein that he is suffering from acute kidney problem etc. and he made a prayer for providing employment to the petitioner under Para 9.4.0 of N.C.W.A. The said application was forwarded to the competent authority and the father of the petitioner was declared unfit vide letter dtd. 13/1/2015. The father of the petitioner died in harness on 10/9/2015. Thereafter, the case of the petitioner was turned down on the ground that he is overage.

(3.) Mr. A.K. Sahani, learned counsel for the petitioner assailed the impugned order on the ground that the petitioner has produced Aadhar Card and Driving License etc. to show that his age was below 35 years, but it has not been considered by the respondent-CCL in its right direction. He further submits that the petitioner has also produced the certificate issued by the Civil Surgeon-cum-Chief Medical Officer, Ranchi, whereby, his age has been assessed as 30 to 35 years. He also submits that in view of the provision under N.C.W.A., the case of the petitioner is fit to be considered in right direction and the petitioner is entitled for appointment on compassionate ground. He further submits that a counter affidavit has been filed on behalf of the respondent-CCL, wherein, it has been stated that the Medical Board has assessed the age of the petitioner as 35 to 40 years. He also submits that the case of the petitioner is covered in view of the judgment rendered by the Hon'ble Supreme Court in the case of Mukarrab v. State of U.P., (2017) 2 SCC 210, reported in (2017) 2 SCC 210.