DHANI RAM MANJHI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Petitioner's father Late Puran Manjhi was working as 'General Mazdoor' with the Respondents. Late Puran Manjhi, father of the petitioner, expired on 22nd July 1999 in harness. Petitioner, being dependent, has applied for the compassionate appointment vide application dated 19.10.2000. Application was rejected vide impugned order dated 01.07.2004 (Annexure 5), saying as per circular, dependent could have moved application for compassionate appointment within six months, however, since, petitioner has moved application after fifteen months, therefore, petitioner is not entitled for the compassionate appointment. Mr. A.K. Sahani, learned counsel for the petitioner, while placing reliance on the judgment of Division Bench of this Court in the case of Satya Narayan Choudhary Vs. Central Coalfields Limited,2007 3 JLJR 692 has vehemently argued that if during the pendency of application limitation is extended and application is within the extended period of limitation, then application should not be rejected on the ground that it was moved beyond the limitation as was applicable on the date of application. Mr. Sahani, learned counsel for the petitioner further contended that on 01.07.2004, Circular dated 19.06.2003 was in existence, whereby time to apply for compassionate appointment was extended to one and half year. Therefore, application, moved by the petitioner on 19.10.2000, after fifteen months from the date of death on 22.07.1999, was within one and half year.

(2.) As per Circular No. PD/MP/9.4.2/95/7151 dated 12.12.95, application seeking compassionate appointment, had to be moved within six months from the death of employee in harness. However, as per Circular No. PD/MP/9.3.2/02/01 dated 01.01.2002, period of six months as provided under notification dated 12.12.95, was extended to one year with retrospective effect from February 2000.

(3.) Learned counsel, appearing for the Respondents, has submitted that Circular dated 19.06.2003 was not made effective with retrospective date whereas Circular dated 01.01.2002 was made applicable with retrospective date i.e. w.e.f. February 2000.