CENTRAL COALFIELDS LIMITED Vs. BINOD RAM TIRKEY

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original respondents in W.P.(S) No. 6177 of 2010. The writ petition was preferred by the present respondent for getting compassionate appointment which was allowed by the learned Single Judge vide judgment and order dated 21st Oct., 2016 and hence, the original respondents have preferred the present Letters Patent Appeal.

(2.) Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that the father of the respondent (original petitioner) who was working with the appellants expired on 28th June, 2002 and hence, the respondent preferred an application for getting compassionate appointment on 17th Feb., 2004 and as there was delay in preferring this application the claim of the respondent (original petitioner) was rejected by the appellants.

(3.) Counsel appearing for the respondent has submitted that at the highest there is only delay of one and half months and it has been observed in the last paragraph on first page of the order, passed by the learned Single Judge that there is delay of only one and half months in filing the representation and on this technical ground the claim of the respondent (original petitioner) cannot be rejected. It is also submitted by the counsel for the respondent that initially on 01.08.2003 information was given about death of the father of the respondent (original petitioner) to the present appellants. Thus, the aforesaid aspects of the matter have been properly appreciated by the learned Single Judge.