RUP NARAYAN DAS Vs. CENTRAL COALFIELD LTD.

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the letter dated 20/ 23.12.2006 issued by respondent No.3, whereby the prayer for appointment of the petitioner on compassionate ground has been rejected. The petitioner further prayed for direction to the respondents to provide appointment to him on compassionate ground.

(2.) IT has been stated that the petitioner's father, who was working as Mazdoor under the respondent No.1. died in harness on 13.6.2004 After death of his father the petitioner, being the dependant son of the worker late Pachan Das. applied for compassionate appointment in accordance with the rule of the respondents. He also annexed an affidavit sworn by the other dependant(s) giving their no objection and other required papers. But by order dated 20/23.12.2006, contained in Annexure -4 of the writ application, the respondents have refused to consider his application on the ground that his name was entered in the service record of the subsequent stage and that entry is not valid. Against the said refusal the petitioner filed an appeal before the Department, but the same was not heard. The petitioner thereafter filed this writ application.

(3.) LEARNED counsel for the petitioner submitted that the reason assigned for refusing the petitioner's claim is wholly frivolous. A vague and unspecific ground has 'been taken for denying the petitioners right that his name was entered subsequently. There is no description as to in which record that entry is made and what is wrong in it. Learned counsel submitted that an explanation has been furnished in the counter affidavit stating that the petitioner's name is not tallying with the name entered in the service record and that the entry is in a different ink. That subsequent explanation by way of affidavit cannot be accepted.