LAWS(JHAR)-2009-12-166

CENTRAL COALFIELDS LIMITED Vs. SANTOSH PRASAD

Decided On December 09, 2009
CENTRAL COALFIELDS LIMITED Appellant
V/S
Santosh Prasad Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 4.12.2008 passed in W.P.(S) No. 4885/2003, by which the learned Single Judge had been pleased to allow the writ petition and quashed the order dated 18.1.2003 passed by the Personnel Manager (MP), Central Coalfields Limited, Ranchi, by which employment to the respondent on compassionate ground was refused. The learned Single Judge, however, had not granted conclusive .relief in favour of the respondent as it has merely been directed to the appellant, Central Coalfields Limited, to consider the facts and circumstances of the case and the prayer of the petitioner in the light of the judgment and observations relied upon by the learned Single Judge and pass an appropriate order for compassionate appointment in accordance with law within a period of two months from the date of receipt/production of a copy of that order.

(2.) THE respondent/appellant herein, Central Coalfields Limited, has preferred this appeal in spite of the fact .that it has merely been directed to consider the case of the respondent for compassionate appointment and in support of the appeal, it was submitted that the respondent's case was rejected by the appellant, Central Coalfields Limited, on the ground that he had not filed an application for compassionate appointment as per the circular which required that an application for compassionate appointment be filed within a period of six months of the date of death of the employee on whom the claimant was dependent. It was further submitted that the respondent's name did not find place in the list of applicants for compassionate appointment and therefore, his case was not fit to be considered.

(3.) THE appeal, under the circumstance, is dismissed.