DEONATH MANJHI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order of direction in the nature of certiorari for quashing the letter dated 6th April" 2002, as contained in Reference No. KTW/IWO/9.3.2/434, vide which the application of the petitioner for com passionate appointment was rejected on the ground that the application filed was delayed by few months.

(2.) THE facts, in brief, are set out as under: -

(3.) THE issue with regard to compassionate appointment in Public Sectors/Companies in accordance with National Coal Wage Agreement has come up for consideration time and again and in a recent judgment concerning the respondent -C.C.L. itself the Hon'ble Supreme Court in the case of Mohan Mahto VS. Central Coal Field Ltd., as repotted in (2007)8 SCC page 549 held that compassionate appointment was an exception to Article 16(1) of the Constitution and while allowing the appeal of the claimant held that no period of limitation was provided under the settlement and since it was a beneficial provision, such circular providing limitation period was not only required to be strictly complied with but also was required to be read keeping in view the settlement entered into by and between the parties and. thus, the beneficial provision made under a settlement by the "State" within the meaning of Article 12 of the Constitution was expected to be acted reasonably and, thus, the limitation period should also be provided in a reasonable manner and it is expected by the respondent authorities, which is the State, to act reasonably and bona fide.