CHANDAN RAVIDAS Vs. BHARAT COKING COAL LIMITED THROUGH THE CHAIRMAN-CUM-MANAGING DIRECTOR, KOYALA BHAWAN, KOYALA NAGAR, DHANBAD

JUDGEMENT

(1.) FATHER of the petitioner Late Braham Deo Ravidas, Ex -Trip Munshi, had expired on 29.10.2005. Late Braham Deo Ravidas was made to retire on 31.07.2004 from Bharat Coking Coal Limited.

(2.) THE claim of the petitioner seeking compassionate appointment was earlier rejected by the Management of Bharat Coking Coal Limited on the ground that on 29.10.2005, when Late Braham Deo Ravidas expired, he was not in the service of the Company and had earlier been superannuated on 31.07.2004. Decision of the Company rejecting the claim of the petitioner for compassionate appointment was assailed by the petitioner in W.P. (S) No. 2668 of 2007 -Chandan Ravidas vs. The Bharat Coking Coal Limited and another, which was dismissed by the learned Single Judge of this Court vide judgment dated 18.12.2007, annexure 2 to the writ petition. The judgment of learned Single Judge dated 18.12.2007 was upheld in L.P.A. No. 24 of 2008 vide judgment dated 6.2.2008, Annexure 3 to the writ petition.

(3.) LEARNED Single Judge of this Court vide judgment dated 17.7.2009 , Annexure 4 to the writ petition, has allowed the writ petition filed by the mother of the petitioner with observation that father of the petitioner was wrongly forced to retire on 31.7.2004 while he ought to have been allowed to work treating his date of birth as mentioned in Form "B" as opined by the Medical Board. The learned Single Judge has issued direction to the employer Company to assess the financial loss on the basis of the salary and other monetary benefits which Late Braham Deo Ravidas could have earned if he had been allowed to work during the life time and the amount so assessed shall be paid to the mother of the petitioner together with statutory interest. The judgment of learned Single Judge dated 17.7.2009, Annexure 4 to the writ petition, was upheld by the Division Bench in L.P.A. No. 509 of 2009, vide judgment dated 5.5.2011, Annexure 5 to the writ petition.