DEWANTI DEVI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Order dated 15.03.2002 by which claim for appointment on compassionate ground has been declined by the respondent-M/s Central Coalfields Limited, has been challenged by the petitioner.

(2.) The petitioner is daughter-in-law of the employee-Fudia Devi @ Fudia Turin who was appointed as 'Hazari Kamin' on 16.04.1980 under the respondent-M/s Central Coalfields Limited. Petitioner's husband pre-deceased her on 23.03.1997 and her mother-in-law also died on 09.02000. Seeking compassionate appointment the petitioner submitted application on 006.2000 which was declined on the ground that petitioner's name is not recorded in the service excerpts of the employee. The employee namely, Fudia Devi @ Fudia Turin had one son and three daughters. One of her daughters died on 19.07.2002 and the petitioner has pleaded that her second sister-in-law has given no objection for her compassionate appointment under the respondent-M/s Central Coalfields Limited. It appears that pursuant to discussion between Trade Union and Management of M/s Central Coalfields Limited, claim for compassionate appointment of the petitioner was again examined, however, finally declined on 11.04.2016.

(3.) Contending that without making an enquiry on the status of the petitioner rejection of her claim for compassionate appointment on the ground that her name is not recorded in the service excerpts is apparently illegal, Sri Atanu Banerjee, the learned counsel for the petitioner submits that order dated 11.04.2016 which gives a different reason for rejecting the claim for compassionate appointment is liable to be quashed. Another contention raised on behalf of the petitioner is that had the amount legally payable to the legal heirs of the employee been paid to them it would have earned interest over the amount and since this amount was lying with the respondent-M/s Central Coalfields Limited where it earned interest, the respondent-M/s Central Coalfields Limited is under an obligation to make payment of interest over the unpaid post-retiral dues to the legal heir(s) of the employee-Fudia Devi @ Fudia Turin.