PARDEN ORAON Vs. CENTRAL COALFIELDS LIMITED AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner is the widow of Late Binod Oraon @ Vinod Oraon, Ex-Operator, Helper Category-II, Gidi Washery under Respondent- Central Coalfields Limited, who went missing w.e.f. 3.10.2002. He was in continuous service from his initial joining. The information about missing was lodged before the Officer In-Charge of Bhurkunda Police Station, Hazaribag on 6.11.2002, copy thereof was also sent to the Project Officer of the Gidi Washery as per Annexure-1. She also lodged a 'Sanha' bearing No. 531 of 2002 dated 28.11.2002 when no action was taken on her complaint vide Annexure-1 before the Officer In-charge, Bhurkunda Police Station about her husband's missing. This was also followed by another representation on 28.11.2002 (Annexure-2/1). Petitioner claims to have represented before the Project Officer, Gidi Washery, Hazaribag on 5.12.2002 along with a copy of the F.I.R. Despite all these facts about the missing, the employee- Husband of the petitioner was proceeded against in a departmental proceeding for unauthorized absence vide charge-sheet dated 8.7.2003(Annexure-3), issued by the respondent No. 4, Project Officer, Gidi Washery, Hazaribag. The respondents proceeded in an ex-parte manner when the employee did not respond to the notices and passed the order of termination from service vide Annexure-7 issued by the same respondent No. 4 dated 20.9.2004, of course after sending a copy of the inquiry report along with second show cause notice on his permanent address. However, petitioner on her own, being the widow of the employee, made a representation against the proposed action vide Annexure-4 & 6 dated 14.7.2003 and 29.9.2003 respectively.

(3.) Respondents in their counter affidavit have also annexed the copy of the inquiry proceeding along with the report where the petitioner is shown to have been examined on her appearance. She had stated that her husband was missing and she had no information about him. Petitioner, thereafter instituted a suit being Title Suit No. 124 of 2009 after 7 years of the missing of the employee with a prayer for declaration of Civil Death of her husband along with a prayer for death cum retirement benefits and cost of the suit. The said suit was decreed on 13.7.2012 on contest without any cost. Accordingly, the declaration of the Civil Death of Vinod Oraon, husband of the plaintiff was made from the date of filing of the suit. The decree enclosed as Annexure-10 to the writ petition and also part of the counter affidavit shows that the respondent authorities of the C.C.L were impleaded as defendants and had contested the suit as well. Thereafter, the petitioner made a prayer for compassionate appointment of her son on 5.7.2013 (Annexure-11), which has been declined by the impugned order dated 2.11.2013(Annexure-12), issued by the respondent No. 4, Project Officer, Gidi Washery, Hazaribag on the ground that the employee had been terminated from service before institution of the suit. Petitioner has therefore challenged the rejection of the claim for compassionate appointment, annexure-12, apart from the order of termination at Annexure-7 dated 20.9.2004.