MANJU DEVI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant writ petition has been filed with a prayer for quashing the letter dated 12.12.2012, issued by the Respondent no. 4 General Manager (P and IR), CCL by which claim of petitioner no. 2 for his appointment on compassionate ground has been rejected on the ground that the application was submitted after delay of four months. Further prayer has been made for a direction upon the respondents to consider claim of petitioner no. 2 for his appointment on compassionate grounds.

(3.) The factual exposition as has been delineated in the instant writ petition is that father of petitioner no. 2 Haripat Saw who was permanent employee of respondents - Central Coalfields Ltd. and working as Trammer at Saunda Colliery, Central Coalfields Ltd., died in harness on 10.08.2009. Thereafter, Death Report has been duly submitted on 10.08.2009 by the Central Hospital, CCL, Gandhinagar, Ranchi. After death of the employee, his wife - petitioner no. 1, lost her mental condition and was under the treatment of Dr. A. Kumar, Consultant (Psychiatric), RINPAS, Ranchi for a longer period and she was not in a mental condition to take any decision. After her recovery, the petitioner no. 1 submitted application for grant of compassionate appointment to her son - petitioner no. 2 as per the provisions of Clause - 9.3.2 of the NCWA. Thereafter, the petitioner no. 1 gave her explanation to the queries made by the Sr. Officer (Personnel), CCL vide his letter dated 25.09.2012 mentioning therein her mental condition and her treatment under psychiatrist. After submission of her reply, the petitioner did not receive any information regarding compassionate appointment. However, the petitioner is aggrieved by the communication dated 21.09.2015, by which the Assistant Manager (Personnel), Central Saunda Colliery, CCL forwarded copy of letter dated 12.12.2012, issued by General Manager (P and IR), CCL under which it was said that claim of the petitioner has been rejected on the ground of limitation as the same had been filed after 22 months of death of concerned employee though the limitation is only for 18 months and as such there is delay of 4 months.