GANESH KUMAR Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dtd. 26/11/2020 passed by the learned Single Judge of this Court in W.P.(S) No.7727 of 2017, whereby and whereunder, the writ Court has refused to interfere with the decision of the Administrative Authority as contained in letter no.1487 dtd. 8/6/2017, by which, the case of the writ petitioner for appointment on compassionate ground has been rejected.

(2.) The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

(3.) Mr. Ratnesh Kumar, learned counsel for the appellant-writ petitioner has submitted that the learned Single Judge has not appreciated the fact in right perspective, reason being that, the mid- point of the age which has been assessed as 37 1/2 years by assessing the age of the writ petitioner in between 35 to 40 years, which was based upon the circular dtd. 7/7/1992, provides that the mid-point of the age of the concerned employee will be considered, but, according to the learned counsel, the circular dtd. 7/7/1992 will not be applicable for the purpose of consideration of candidature of the candidate for appointment on compassionate ground, since, the said circular speaks about the consideration of age of an employee, therefore, the writ petitioner, herein, since is yet to be inducted in service, as such, the circular dtd. 7/7/1992 cannot be made applicable.