JHIRGI DEVI Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) Prayer in the writ petition is for a direction upon the respondent-M/s CCL to grant compassionate appointment to the petitioner.

(2.) The petitioner claims that she is legally-wedded wife of the employee-late Jhirga Oraon. After death of the employee-late Jhirga Oraon on 31.12012 an application was submitted by the petitioner on 25.05.2013 for employment on compassionate ground. The respondents have admitted that the petitioner's name is recorded in Gratuity Nomination Form-F, service-sheet excerpts, LTC Form-A, PS(3) & PS(4) Forms of the deceased-employee, however, on an objection of one Smt. Gayatri Kujur also claiming herself wife of the deceased-employee a committee was constituted for verification of genuineness of claim of the petitioner. This committee has submitted a report on 206.2014 with a recommendation for compassionate appointment to the petitioner. Claim of the said Smt. Gayatri Kujur was rejected primarily on the ground that her name was not recorded in any of the service record of the deceased-employee. The respondent-M/s CCL has paid death-cum-retiral benefits to the petitioner and now the petitioner in her affidavit dated 23.07.2018 has asserted that Gayatri Kujur has died on 01.09.2016. She has produced a Death Certificate dated 29.10.2016.

(3.) In the aforesaid facts, claim of the petitioner for compassionate appointment stands admitted by the respondents, however, Mr. M.B. Lal, the learned counsel for the respondents submits that now the petitioner has crossed the age of 45 years which is the maximum age for appointment under the respondent-M/s CCL.