MUNNA LOHAR Vs. CENTRAL COAL FIELD LIMITED

JUDGEMENT

(1.) Heard Mr. N.K. Sahani, learned counsel for the petitioner and Mr. Hardeo Prasad Singh, learned Counsel appearing on behalf of the respondents .

(2.) The petitioner has filed this case for quashing the decision communicated vide letter dated 19.08.2013, issued by Deputy Personnel Officer (Respondent No. 5) whereby and where under claim of the petitioner for appointment on compassionate ground has been rejected.

(3.) It is submitted that petitioner's father Jhabra Lohar was employed under the respondents who died in harness on 05.04.2000. After his death, petitioner's mother Indira Kumari Kamin made an application for her appointment on compassionate ground which was rejected on 17.05.2001 on the ground that she was over age. After direction of this Court in W.P.(S) No. 3070 of 2001 liberty was given to the petitioner's mother to avail monetary compensation. Thereafter, pursuant to the letter dated 05.01.2010, issued by the respondent no. 3, the petitioner's mother is getting monetary benefits in lieu of her employment. The mother of the petitioner however made an application to keep name of the petitioner in the live roster as the petitioner was minor at the relevant time. After attaining majority the petitioner made an application on 04.07.2013 for his appointment on compassionate ground which was replied vide letter dated 19.08.2013 rejecting claim of the petitioner on the ground that petitioner was not kept in the live roster as his mother is getting monetary compensation.