CHANDAN KUMAR SINGH Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) HEARD Mr. V. Shivnath, learned counsel for the petitioner and Mr. Anand Sen learned counsel for the respondents.

(2.) SOME of the admitted facts of this case are that the petitioner 'sfather expired on 17.8.1999 while he was in harness. It is also admitted that the application for compassionate appointment was made on 14.3.2001. Bereft of the circular brought on record by the respondents to the extent that an application can be filed within one year at that point of time (which was subsequently enhanced to one and half years), this Court is of the opinion that the object of compassionate appointment in the instant case apparently does not survive.

(3.) UNDER such circumstances, this Court is clearly of the opinion that the procedure which appears to have been evolved by the Coal Company giving compassionate appointment must be immediate provided there is a legal heir of appropriate age at that time. If not, and if such a deceased has a minor child at that stage, the benefit of compassionate appointment cannot be kept alive for that family because it will be against the concept of Articles 14 and 16 if the Constitution of India. In any event, this Court is of the opinion that such a procedure is very unreasonable because it upsets an elaborate, regular, transparent and open procedure of appointment and that too in a Public Sector Undertaking.