BANDHANI KAMIN Vs. CENTRAL COAL FIELD LTD.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel representing the Respondent Central Coalfields Ltd.

(2.) Petitioners are the widow and son of the deceased employee Roga Karmali who died on 09.11999 in harness while working in the capacity of Black Smith under Category-IV at Sarubera Colliery, Ramgarh under the CCL. Petitioner no.2 has made a claim for compassionate appointment in the light of the circular dated 21.01.2012 (Annexure-6).

(3.) As per the instruction of learned counsel representing CCL, his claim for compassionate appointment was rejected earlier vide letter no. 8331 dated 10.12.2003 as being time barred as having applied beyond 6 months period as applicable at the time of death of the employee. The circular at Annexure-6 is based on a decision taken in the Joint Consultative Committee meeting held on 24.10.2011 and subsequent meeting on 30.12.2011 to reconsider the cases of employment on compassionate ground which were earlier rejected on the ground of delay beyond 6 months from the date of death of the employee, up to 11/2 years delay from the date of death of the employee. Extension of time limit was up to 1/ years and is effected retrospectively from 12.12.1995 for reexamination of cases regretted on belated ground. At the relevant point of time, time limit for making application for compassionate appointment was 6 months. As per the case of the petitioner, he applied on 210.2014. Learned counsel for the Respondent CCL submits that this application is also barred as it ought to have been made within a period of 1/ years from the date of the circular. Petitioner has approached this Court in 2018 in respect of his claim for compassionate appointment.