THOMAS PURTI, SON OF LATE HABIL MUNDA, RESIDENT OF CENTRAL SOUNDA COLONY, P.O. Vs. M/S CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Aggrieved by the order passed by the respondents dated 23.04.2013, the petitioner has approached this court, challenging the same. An application for grant of compassionate appointment filed by the petitioner was dismissed by the impugned order.

(2.) The father of the petitioner was working in the Central Coalfields Limited as Timber Mazdoor. He died on 26.07.1996, in harness. On the death of the workman, an application was filed, seeking appointment on compassionate ground for Joseph Purti, who was the elder son of the deceased. It is admitted that the application of compassionate appointment, in respect of Joseph Purti was rejected on the ground of delay. It is pertinent to mention here, that the said application was barred by two months only. At relevant time, the time limit for filing an application for compassionate appointment, was six months from the date of death of the employee, whereas the said application was filed after eight months. The said rejection order was not challenged.

(3.) The present petitioner, who is the brother of Joseph Purti and son of the deceased, applied afresh for grant of compassionate appointment, on the ground that the Central Coalfields Limited, has issued a Circular on 21.01.2012, taking a decision to reopen the cases which were earlier rejected on the ground of limitation, provided that the application in those cases should have been filed within one and half years from the date of death of the employee. This gave the petitioner, as a cause of action, for filing of a fresh application. His application was subsequently considered and rejected on 23.04.2014, on the ground that, the compassionate appointment is not transferable and after expiry of 15 years 8 months, from the date of death, of the employee, the application was filed, as such there is no necessity of appointing the petitioner on compassionate ground. Aggrieved by the said order the instant writ application has been filed by the petitioner.