RENU DEVI Vs. CENTRAL COALFIELD LIMITED & OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner has approached this Court for directing the respondents to consider her case for compassionate appointment. According to the petitioner, her husband, namely, Late Kamal Dushad was an employee of the Respondents -Central Coalfield Ltd. as Explosive Carrier in the Piparwar Project, District Chatra, who died on 7th January, 2009 on being murdered. According to the petitioner, she sent an application by Registered Post on 26th September, 2009 and again on 25th October, 2010 with affidavit and necessary requisites to the office of respondent no. 5, the Project Officer, Piperwar Colliery, Chatra. She has two daughters out of wedlock with the deceased employee. She had married with the deceased employee on 19th June, 1998. Voter Card and Pass Book are enclosed as Annexure -4. In such circumstances, she has approached this Court for directing the respondents to appoint her on compassionate ground when the respondents have failed to take any decision in the matter.

(2.) LEARNED counsel for the respondents submits that there are no details in the official records to show the petitioner as wife of the deceased employee. The documents annexed as Annexure -4 being the Pass Book and Voter I. D. Card, which she has claimed reliance, have been issued much after the death of the deceased employee in January, 2009. The respondents have denied receipt of any such application as claimed by her having been sent on 26th September, 2009. According to the respondents, as per the circular in vogue for compassionate appointment, the period prescribed for making an application is one and half years. Her application was received on 26th October, 2010 i.e. after the lapse of one and half years period. It is further stated on his behalf that on the contrary that father of deceased employee has made an application that his younger son should be appointed on compassionate ground. In such circumstances, the petitioner cannot have a legally sustainable right to claim compassionate appointment. It is further submitted on his behalf that a criminal case was instituted against the petitioner on the ground of murder of her own husband i.e., deceased employee.

(3.) LEARNED counsel for the petitioner has relied upon the judgment rendered by Division Bench of this Court reported in the case of Santosh Kumar Vs. Central Coal Fields Ltd. reported in : 2008 (4) JCR 26 (Jhr.).