FULCHAND Vs. CENTRAL COALFIELD LTD

JUDGEMENT

(1.) This writ petition has come up on reference made by a Single Bench of this Court vide order dated 21.04.2011 in view of two conflicting judgments of the Single Benches, one delivered in C. W. J. C. No. 2918 of 2000 (Ramsai Oraon Vrs. Chairman-cum-Managing Director, C. C. L. & Ors. ) in which it has been held that no compassionate appointment can be given to another member of the family, once a member of family is already in employment of the same employer and contrary view was taken by the Coordinate Bench of this Court in the case of Sakaldeep Munda Vrs. Central Coalfields Limited and others in W. P. (S) No. 5017 of 2003 and it has been held that second member of the deceased's family can get employment even when one of his family members is already in employment with the same employer.

(2.) Learned counsel for the respondents drew our attention to the judgment of the Hon'ble Supreme Court delivered in the case of SAIL Vrs. Awadhesh Singh and another,2000 1 LLJ 163 wherein the Hon'ble Supreme Court held that very purpose of the scheme is to give appointment to the person in harness and second appointment will frustrate the scheme of giving appointment to the dependent of the deceased. Therefore, in view of the decision of the Hon'ble Supreme Court, the issue as referred to this Court does not survive.

(3.) Learned counsel for the petitioner submitted that the respondents themselves took a policy decision, dated 16.04.2008 providing for appointment to the second member of the family of the deceased.