RAJ KUMAR BHUIYA Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court against the letter being Ref. No. KB. 5/6 Pits/13/1951 dated 20/24-5-2013 by which his application for compassionate appointment has been rejected on the ground that his age comes to about 38 years on the date of submission of claim. Petitioner has further prayed for a direction to appoint him on compassionate ground on account of death of his mother and further to provide monetary compensation from the date of death of her mother.

(3.) The facts in short is that petitioner's mother Sahodri Bhuini was employed as a General Mazdoor at Hydo Mining Colliery at P. B. Area having her P. No. 028626860. After cardio respiratory failure, said Sahodri Bhuini died on 14-5-2012 leaving behind her son (petitioner) and two daughters, who are under the care and protection of the petitioner. Upon death of his mother, the petitioner submitted application for his appointment on compassionate ground declaring his age to be 32 years. On queries made by the respondents, the petitioner also submitted an affidavit regarding his age and no-objection from the other dependents. The completed application form was duly received in the office of the respondents on 18-6-2012 itself. Petitioner further made requests vide his applications dated 2-7-2012, 16-8-2012 and 20-11-2012. The petitioner further duly complied the directions of the respondents made through letter dated 11-8-2012, 6-11-2012, 20-11-2012 and 25-12-2012. The petitioner also submitted the Family Certificate issued by the B. D. O. Dhanbad describing his age to 32 years. Petitioner further submitted his School Leaving Certificate showing his date of birth to be 2-1-1980. The respondents vide their letter No. KB 5/6 Pit/13/2233, dated 13-8-2013 further inquired from the Madhya Vidyalaya, Kachi Balihari Anchal, Dhanbad regarding School Leaving Certificate and date of birth of the petitioner which has been affirmed by the School in question vide letter No. 06.13-14, dated 24-8-2013. Though all the credentials as mentioned by the petitioner were duly verified and found to be correct, but the respondent No. 4, vide letter being Ref. No. KB 5/6 Pits/13/1951, dated 20/24-5-2013 rejected claim of the petitioner submission of claim for employment. Being aggrieved, the petitioner made an application dated 17-7-2013 bringing on record true and correct facts with a prayer to reconsider his claim for compassionate appointment.