BIJAY MUNDA Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) Heard the parties and with their consent this application is being disposed of at this stage itself. In this writ application the petitioner has challenged the order dated 19.11.2006/5.12.2006 passed by the Sr. Personnel Officer of the Respondents C.C.L. (Annexure -6), whereby the claim of the petitioner for being appointed on compassionate ground on account of death of his mother, which took place on 18/06/1995, has been refused on the ground that the application for such appointment was filed beyond the prescribed period of six months from the date of death of the employee. It appears that in the said order dated 19.11.2006/5.12.2006 (Annexure -6) it has wrongly been mentioned that the application for compassionate appointment was filed on 31.12.1997. In fact, it was filed on 31.12.1995 and this fact has also been admitted by the respondent in their counter affidavit in paragraph 11 thereof as well as in Annexure -A series.

(2.) THE present case is fully covered by the decision of a Division Bench of this Court in the case of 'Satya Narayan Choudhary v. Central Coalfields Limited (a subsidiary body of Coal India Limited) having its registered office at Darbhanga House, Ranchi, through its Chairman -cum -Managing Director, Ranchi and Ors. reported in 2007 (3) JLJR 692' of which I am also a party.

(3.) ACCORDINGLY , this writ application is allowed and the impugned order dated 19.11.2006/5.12.2006 contained in Annexure - 6, passed by the Senior Personnel Officer of the respondents C.C.L is hereby quashed. The matter is remitted back to the Senior Personnel Officer, Giddi 'A' Colliery, Sirka (Respondent No. 3) for fresh consideration of the claim of the petitioner for appointment on compassionate ground. The concerned respondent shall decide the claim of the petitioner by an appropriate and reasoned order in accordance with law within a period of six weeks from the date of receipt/production of a copy of this order and he shall not reject the application of the petitioner on the technical ground of limitation or delay in filing of such application.