BIRO DEVI Vs. CENTRAL COALFIELD LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached before this Court with a prayer for quashing the order dated 25/28/7/2020, passed by respondent no. 5, whereby claim of the petitioner for employment under Clause 9.3.2 of NCWA has been rejected by totally non-speaking order. Petitioner has further prayed for quashing the order dtd. 24/5/2011, passed by respondent no. 7 whereby husband of the petitioner .. Saldeo Oraon was removed from service after his death on 18/4/2011 and on this account the order dtd. 24/5/2011 of removal from service is void-ab-initio and nullity of law in view of fact that no order of removal from service can be passed against a dead person as departmental proceeding automatically lapses/ terminates/ abates against the employee by reason of death. Petitioner has further prayed for a direction upon the respondents to consider his claim for employment in the respondent Company under the provision of Clause 9.3.2 of NCWA.

(3.) As per factual matrix, husband of the petitioner namely Saldeo Oraon was appointed in the service of M/s. CCL in Argadda Colliery on 9/10/1990 as Piece Rated worker and thereafter he performed his duties with utmost sincerity and punctuality. Petitioner's husband suffered from depression in August, 2007 and, therefore, he consulted the Company's doctor on various dates. Thereafter, all of a sudden on 16/10/2007, petitioner's husband left the house at around 11:00 p.n, and did not return back. On 28/10/2007 petitioner lodged ..Sanha.. in Giddi Police Station, Hazaribagh regarding missing of her husband which was entered vide Station Diary No. 406/2007, dtd. 28/10/2007. Thereafter due information was also given to the respondents along with a copy of missing report. After missing of the husband, petitioner was left alone to support five minor daughters and one son. Petitioner regularly represented before the respondents to support her, but no heed was paid. Thereafter, on 24/4/2011, petitioner came to know that her husband had already died in a village in Latehar. Thereafter, the information regarding his death was given to the respondents with a request to appoint her in service. Death certificate of the deceased was also given to the respondents with further reminder to appoint the petitioner on compassionate ground under Clause 9.3.2 of NCWA.