BHADI BHUINI Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) HUSBAND of the petitioner namely Etwari Bhuia was employed as Dumper Driver in Nichitpur Colliery of the BCCL; Etwari Bhuia was served with a legal notice, informing him that he would be retiring from service w.e.f. 30.06.2003 on attaining the age of sixty years.

(2.) UNDISPUTEDLY, on the intervention of the Union, a Settlement dated 27.11.2003 arrived at. As per the Settlement (Annexure 5) dated 27.11.2003, it was agreed that date of birth of the husband of the petitioner shall be 10.10.1946 as per the Medical Board opinion and he will be allowed to resume duty, subject to the condition that he will not be paid wages for the period he remained idle. Meanwhile, the husband of the petitioner has expired on 29.12.2003. Petitioner, being widow of the deceased, has applied for the compassionate appointment. Compassionate appointment was refused on the ground that on 29.12.2003, husband of the petitioner was not allowed to resume duty pursuant to Annexure 5, awaiting the approval from the competent authority.

(3.) IN the firm opinion of this Court, rejection of the application seeking compassionate appointment on hyper technical ground is totally unjustified and seems to be arbitrary, hence is in violation of Article 14 of the Constitution of India. Therefore, impugned order dated 17.07.2005 (Annexure 9) is hereby quashed. Respondents are directed to take fresh decision on the application of the petitioner within sixty days in accordance with law.