SATYENDRA BHUINYA Vs. BHART COKING COAL LTD

JUDGEMENT

(1.) Petitioner has approached this Court under Article 226 of the Constitution of India assailing the order dated 28.11.2005 thereby rejecting the application of the petitioner seeking compassionate appointment. Brief facts of the present Case interalia are "the petitioner's father late Bhunwa Bhuinya was working as Time Rated Worker (TRW), who died on of the 24.03.2000 leaving behind 03 sons, 02 daughters and widow. Undisputedly, Smt. Jasamatiya Kamin, wife of late Bhunwa Bhuinya and mother of the present petitioner, was and is still in the employment of Bharat Cokinng Coal Ltd. As per Annexure - 5, as on 21.12.2000, the petitioner was 17 years of age, in other words, the petitioner was hardly 16 years on 24.03.2000 when his father late Bhunwa Bhuinya expired in harness. The petitioner on attaining the age of majority i.e. 18 years in the year 2002, has applied for the compassionate appointment on 24.06.2003. The petitioner was called for an interview along with other candidates vide Annexure - 7 dated 29.08.2004. Vide letter dated 27.12.2004 (Annexure 8 to the writ petition), Bharat Coking Coal Ltd. has written to the Block Development Officer to verify the genuineness of the death certificate of late Bhunwa Bhuinya. Thereafter, the application seeking compassionate appointment was rejected by the Respondents vide letter dated 28.11.2005 (Annexure - 11 to the writ petition) stating that, as per office circular No. 1 195-1270 dated 24.01.2004 of the department the petitioner should have applied for compassionate appointment within 30 days from the date of death of his father, while the petitioner has applied after almost three years from the date of death of his father.

(2.) The Respondents have filed counter affidavit stating therein that since the father of the petitioner has expired on 24.03.2000 and the petitioner has applied for compassionate appointment on 24.06.2003, after almost 03 years and 03 months, therefore, the application was beyond the time limit, as fixed by the circular of the Respondents dated 24.01.2004.

(3.) It has been further asserted by the Respondents that even prior to the circular dated 24.01.2004, time limit was one and half years to move the application seeking compassionate appointment.