BIPIN MURMU Vs. CENTRAL COALFILEDS LTD.

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred challenging the order dated 26.02.2014 passed in W.P. (S) No. 5885 of 2008, whereby the writ petition, claiming appointment on compassionate ground, has been dismissed.

(2.) BRIEF facts of the case are that the father -in -law of the appellant died in harness on 11.08.2005 and thereafter the wife of the appellant submitted an application on 02.11.2005 seeking employment on compassionate ground. However, vide order dated 9.03.2006 the application claiming appointment on compassionate ground of Smt. Parvati Devi, wife of the appellant, was rejected saying that there is no provision for appointment on compassionate ground for married daughters. Thereafter, on 26.04.2006, the wife of the deceased -employee, late Jit Ram Manjhi, submitted an application requesting the authorities to consider the appointment of her son -in -law, who is appellant before this Court, on compassionate ground. The appellant submitted his application in prescribed format on 8.08.2006. The respondent -authorities asked the appellant to submit documents in support of his claim that he was dependent on the earning of his father -in -law and accordingly the appellant submitted the dependency certificate, issued vide letter dated 18.07.2006 by Anchal Adhikari, Ramgarh. Again the respondent -authorities, vide letter dated 11.08.2006, asked the appellant to submit the indemnity bond and statement of family members of the deceased, which were furnished by the appellant to the respondents -authorities vide letter dated 19.08.2006. The claim of the appellant was rejected vide order dated 16/17.06.2008 stating that his case for employment has not been considered by the competent authority under para. 9.3.0 of N.C.W.A -VII. Being aggrieved, the appellant approached this Court by filing writ petition, being W.P. (S) No. 5885 of 2008, which was dismissed by the impugned order dated 26.02.2014.

(3.) LEARNED counsel appearing for the appellant submitted that in terms of paragraph 9.3.3, under Chapter IX of the N.C.W.A., the son -in -law residing with the deceased and almost wholly dependent on the earnings of the deceased -employee is also entitled for appointment on compassionate ground. It is submitted that as required by the respondent -authorities, the appellant submitted dependency certificate, indemnity bond etc. but his claim has been rejected vide order dated 16/17.06.2008 by the respondents -authorities, without disclosing any valid reason.