CENTRAL COALFIELDS LTD. Vs. KUMARI AND ORS.

JUDGEMENT

(1.) The learned First Court directed consideration of the writ petitioner's application for employment on compassionate ground in Central Coalfields Limited. The father of the writ petitioner passed away on 21/6/2012. On his death, his widow made an application for appointment of her elder son, which was rejected, the son having crossed the age limit, but the widow of the deceased employee was advised to seek monetary compensation. This rejection order was passed on 11/1/2013. The writ petitioner made out a case that on 27/5/2013 her own application for compassionate appointment was made by her mother. Subsequently, another representation, which the writ petitioner contends was a reminder thereof, was made on 27/6/2016. The writ petition was instituted on 31/8/2016, as the writ petitioner's plea for relief went unredressed. The learned First Court held:

(2.) Contention of the appellant is that the appellant never received the representation or application of 27/5/2013 and before it could get a chance to examine the application dtd. 25/7/2016, the writ petition was filed.

(3.) The direction of the learned First Court is in the nature of remand order, but the appellant is aggrieved by the finding of the learned First Court that the second representation dtd. 25/7/2016 was only a reminder of the earlier application. If there was a pending application made on 27/5/2013, then the writ petitioner would come within the zone of consideration for compassionate appointment, but if the representation was made for the first time on 25/7/2016, then she would be ineligible having exceeded the time limit as contemplated in National Coal Wage Agreement-VI. As regards the order for remand, we are not inclined to interfere, but in our opinion the appellant should get a chance to examine whether any application was made on 27/5/2013 or not.