LAWS(JHAR)-2012-8-234

JAGDISH MANJHI Vs. THE C.M.D., CENTRAL COALFIELDS LIMITED, RANCHI AND THE PROJECT OFFICER, HENDEGIR COLLIERY, HAZARIBAGH

Decided On August 07, 2012
JAGDISH MANJHI Appellant
V/S
The C.M.D., Central Coalfields Limited, Ranchi And The Project Officer, Hendegir Colliery, Hazaribagh Respondents

JUDGEMENT

(1.) ORDER dated 12.09.2002 (Annexure - 2 to the writ petition) is under challenge in the present writ petition, whereby request to grant compassionate appointment to the petitioner was declined on the ground that application seeking compassionate appointment was moved after period of limitation i.e. one year from the date of death of the employee.

(2.) Brief facts of the present case, inter alia, are that father of the petitioner, Shankar Manjhi was working as 'Tremmer' in the Hendegir Colliery, who has died in harness on 28.05.1999. Petitioner, being son and dependent of the employee - Shankar Manjhi, has applied for compassionate appointment on 25.08.2000.

(3.) DIVISION Bench of this Court, in the case of Sushil Kumar Vengra Vs. Union of India & Ors., reported in, 2005 (1) J.C.R. 282, while placing reliance on the judgment of Apex Court in the case of Life Insurance Corporation of India Vs. Asha Ramchandra Ambekar, reported in : (1994) 2 SCC 718, Umesh Kumar Nagpal Vs. State of Haryana, reported in : (1994) 4 SCC 138, State of Himachal Pradesh Vs. Jafli Devi, reported in : (1997) 5 SCC 301, has held as under: