PINTU KUMAR SINGH Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with the following prayers:-

(3.) The father of the petitioner, late Rajeshwar Singh, died in harness on 20.02.2009, while he was in the employment of Central Coalfields Ltd., Gidi 'A' Colliery. After death of his father, the petitioner applied for compassionate appointment on 27.05.2009. Since the petitioner was not having the authentic proof of his age, he was directed to appear before the Medical Board on 09.03.2011 upon which the petitioner has appeared before the Medical Board. Thereafter, the Manager (P), Giddi 'A' Colliery vide his letter No. 1848 dated 18/19.12.2011 has informed that as per the assessment of the Medical Board, the petitioner has crossed the age of 35 years as on 27.05.2009 and rejected the claim of the petitioner for compassionate appointment. It is submitted that since, the age assessed by the Medical Board was not communicated to the petitioner, he sought information under RTI vide application dated 03.06.2016. In response to that, Sr. Manager (P), AIPO of the respondent-company provided the report of the Age Assessment Committee vide letter No. 940 dated 23/26.07.2016. It is apparent from the report of the Age Assessment Committee held on 09.03.2011 that on the said date petitioner has been assessed between 35 years to 40 years and respondent-company considered the average age of 35 years to 40 years i.e. 37½ years and arrived to the conclusion that the petitioner has crossed the age of 35 years on the date of making application. On the basis of such report, the respondent-company has rejected the claim of the petitioner for compassionate appointment. Thereafter, the petitioner has sent a legal notice on 18.01.2017, which was duly received by the respondent on 20.01.2017 but the respondent have not given any reply to the same. Hence, this writ petition.