CENTRAL COALFIELDS LIMITED Vs. TIRATH MAHTO

JUDGEMENT

(1.) M/s. Central Coalfields Limited is in appeal against the order dtd. 10/3/2017 passed by the learned Single Judge of this Court in WP(S) No. 5775 of 2016.

(2.) In WP(S) No. 5775 of 2016, the learned Single Judge held that age of the writ petitioner mentioned in the Service Sheet excerpts of his father cannot be considered to be full proof for judging the age. The learned Single Judge further held that the claim of the writ petitioner for compassionate appointment cannot be denied because there is always a possibility of error of ''two years plus/minus''.

(3.) Tirath Mahto who is the writ petitioner (hereinafter referred to as "the respondent") made an application for compassionate appointment on 15/7/2014 before the Project Officer, Kuju Colliery. His father Ghanua Mahto was appointed on 29/10/1979 and employed as Pump Khalasi Cat-II in Kuju Colliery, Kuju Area. He had died on 22/5/2014 while in service under M/s. Central Coalfields Limited (hereinafter referred to as 'CCL') and after his death the mother of the respondent who was not keeping good health nominated him for employment under Clause 9.3.0 of National Coal Wage Agreement (hereinafter referred to as 'NCWA'). His application was processed by CCL and he was directed by the Deputy Manager (Personnel), Kuju Area vide letter dtd. 19/1/2016 to appear before the Medical Board, Gandhi Nagar Hospital, Ranchi for age assessment. On the basis of the radiological and physical examination of the respondent by a Medical Board consisting of six doctors, the age of the respondent was assessed between 35-40 years as on 20/1/2016, that is, the date of his examination by the Medical Board, and vide letter dtd. 25/4/2016 the Manager (P/MP) informed the staff officer (P&A), Kuju Area that claim of Tirath Mahto for compassionate appointment was rejected because he had crossed the age of 35 years as on 2/9/2014.