RAM MANJHI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to consider the claim of the petitioner for compassionate appointment under para 9.4.2 of the NCWA Act.

(2.) The facts, in brief, is that the father of the petitioner, late Ganga Ram Manjhi, who was working on the post of Cat-II in Giddi 'C' Colliery of Argada area, Hazaribag died in harness on 16.07.1994, which necessitated the petitioner to apply for compassionate appointment under the specific provision of 9.4.2 of NCWA Act on 13.04.1995 annexing all relevant documents. It is averred that thereafter, the respondents made enquiry from Registrar, Gomia regarding death certificate of the father of the petitioner. Pursuant thereto, on direction of respondent-authority, he appeared before Area Level Committee on 108.1997 along with original death certificate, educational certificates and two permanent employees of the company, as required. But, the respondents-authorities slept over the matter and even upon the representation dated 16.07.1996 submitted by the petitioner before the respondent-authority, it did not evoke any response.

(3.) Learned counsel for the petitioner submitted that petitioner has submitted application for compassionate appointment well within time, as per provision of NCWA Act and the respondents-authorities only in order to deny the benefits of compassionate appointment is trying to distort the fact and are breaching the provisions of bipartite agreement. Furthermore, it is only because of the inaction on part of the respondents, the petitioner is suffering for the last two decades, hence, the principle of delay is not applicable in the case at hand. In support of the submission, learned counsel for the petitioner referred to the decision rendered in the case of "Satnarayan Choudhary versus Central Coalfields Limited & Ors,2009 1 JCR 654 (Jhr.)" .