BABULA BHUINYA Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent Central Coalfields Limited, (hereinafter referred to as the 'CCL'.)

(2.) The appellant writ petitioner is aggrieved by the impugned Judgement dated 17th February, 2017, passed by the Hon'ble Single Judge, in W.P.(S) No. 2800 of 2016, whereby the writ application filed by the writ petitioner, claiming compassionate appointment in the respondent CCL after the death of his father, has been dismissed by the Writ Court.

(3.) The necessary facts of the case, as are apparent from the impugned Judgment, are that Bajrangi Bhuinya, the father of the appellant was a permanent employee of the respondent CCL working at Karkatta Colliery, who died in harness on 19.9.2000. At the time of death of his father, the appellant writ petitioner was aged only about 15 years. However, no effort was made to keep the appellant writ petitioner in the 'live roster' of the respondent CCL, and one Raju Bhuinya, who is the brother-in-law of the appellant, applied for compassionate appointment on the death of his father-in-law. As the said Raju Bhuinya had not been given any compassionate appointment, the present appellant filed his application for compassionate appointment at the place of his deceased father, on 29.1.2008, i.e., after the lapse of about eight years of the death of his father. By the impugned letter dated 7.10.2015, the writ petitioner was informed by the competent authority of the respondent CCL that his application for compassionate appointment could not be considered in view of the fact that the appellant had submitted the application for compassionate appointment after lapse of eight years from the date of death of his father, and also a gap of approximately five years from attaining the age of majority, whereas, the limitation for submission of application for compassionate appointment is one and half years from the death of ex-employee.