DURGA KUMARI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Heard the parties finally. Counsel for the petitioner is permitted to delete the name of Kesho Devi (petitioner No. 2) as it is said that she is now dead.

(2.) MRS . Nivedita, learned Counsel appearing for the petitioner submitted that father of the petitioner -Ram Lakhan died in harness on 12.8.1999 leaving behind his widow -Kesho Devi; two major sons and one married daughter. Mother of the petitioner, namely, Kesho Devi applied for appointment of petitioner on compassionate ground on 10.1.2000. Though, the brothers of petitioner filed suits against such claim of employment, but ultimately, the said suits were dismissed for non -prosecution. She further submitted that the claim of petitioner for compassionate appointment has been wrongly rejected on 19.9.2005 on the ground that she crossed the age of 35 years. The respondents have relied on Clause 9.3.4 of NCWA -VI, whereas, as per Clause 9.5.0. (ii), the female dependant up to the age of 45 years can be employed.

(3.) IT appears that the father of petitioner died on 12.8.1999. Petitioner's mother filed an application for employment of the petitioner on 10.1.2000. Petitioner's date of birth was recorded as 1.1.1969. One of the petitioner's brothers filed a suit being T.S. No. 12 of 2000, claiming employment in place of his father which was dismissed on 25.5.2001 for non -prosecution. Another brother also filed a suit with similar claim being T.S. No. 32 of 2001 which was also dismissed for non -prosecution on 29.7.2005. Thereafter, petitioner filed an application on 11.8.2005 for her appointment which was rejected by the impugned letter dated 19.9.2005.