SAMOLA DEVI Vs. CENTRAL COALFIELDS LIMITED AND ORS.

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the letter dated 30.11.2004 wherein it was intimated that after medical examination the petitioner has been found to be unfit for service. It is the case of the petitioner that on 19.1.2002 the husband of the petitioner namely Chintamani Singh who was an employee in Central Coalfields Limited died -in -harness. Upon such death the petitioner filed an application for compassionate appointment and subsequent thereto an appointment letter was issued on 8.10.2004 and pursuant to which she joined on 16.11.2004. However, the petitioner was subjected to medical test and on medical examination she was found to be unfit on account of congenital shortening of right leg.

(2.) HEARD Mr. Bishwambhar Shastri, learned counsel for the petitioner and Mr. Ananda Sen, learned counsel for the respondents.

(3.) MR . Ananda Sen, learned counsel for the respondents, on the other hand, has submitted that on the death of the husband of the petitioner namely Chintamani Singh the petitioner was provided with compassionate appointment which was subject to medical examination and having found the petitioner unfit for service, her services were accordingly dispensed with and the entire action on the part of the Management was in accordance with the provisions of law as well as with the provisions of National Coal Wage Agreement (N.C.W.A.).