BHARAT COKING COAL LTD Vs. BASANT BHUIYA

JUDGEMENT

(1.) HEARD counsel on both sides. This appeal is by the respondents in WP (S) No. 4735 of 2002. The respondent herein, the writ petitioner, sought appointment under the dying in harness scheme, His father died on 8.11.1994. He made an application some time in the year 1995. He filed the writ petition in this Court in the year 2002 complaining that no final decision has been taken on his request for appointment. On behalf of the appellants, it is not disputed that no final decision was taken on the request for appointment under the scheme made by the respondent. But what was contended was that the very object of compassionate appointment and the scheme formulated, will be defeated if such a scheme is permitted to be agitated in the year 2002, more than seven years after the death of an employee.

(2.) THE learned Single Judge took the view that the appellants cannot take advantage of their own laches in taking the decision and it cannot be allowed to argue that the respondent 'sclaim is belated. The learned Judge, therefore, directed the appellants to take a final decision on the request of the respondent, the writ petitioner, within one month from the date of his judgment. He also indicated that if the authorities were to go against some of the notings in the file, they were to give reasons. The appellants challenged this order on the ground that the learned Judge ost sight of the fact that the very object of the scheme has already become frustrated in view of the lapse of time.

(3.) WE , therefore, dispose of this appeal by directing the appellants to take a final decision regarding, the claim of the respondent, the writ petitioner, for appointment on compassionate ground, within a period of one month from the date of receipt of or production of a copy of this judgment before them by the respondent, the writ petitioner. The appellants will consider all the relevant aspects and take a proper decision in accordance with law and in accordance with the scheme.