LAWS(JHAR)-2009-8-22

RAM KISHUN RAM Vs. CENTRAL COALFIELDS LIMITED

Decided On August 19, 2009
RAM KISHUN RAM Appellant
V/S
CENTRAL COALFIELDS LIMITED Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner in this application has prayed for a direction to the respondents to allow him to continue on duty on the basis of the appointment letter issued on 12.12.1997 and also for direction to pay him the arrears of salary. Facts of the case, in brief, is as follows :

(2.) THE petitioner's father was employed as a Ward Attendant in Dakra Hospital under the Central Coalfields Limited and he died in harness on 21.4.1996. After the death of his father, the petitioner applied for grant of compassionate appointment to him under the provisions of the NCWA. The respondents considered the claim of the petitioner and issued a letter of appointment dated 4.12.1997 to work as underground labour. The petitioner was referred to the Medical Board for medical examination. The Board found him unfit because of his suffering from physical disability, inasmuch as one of his legs was shorter than the other. On the basis of the medical report, his appointment was withdrawn, on the ground that he was unfit for service.

(3.) LEARNED counsel for the respondents submits that the petitioner being found physically unfit could not possibly be granted employment. However, it is not denied or disputed that other than the work in the underground colliery, other jobs could possibly be available to engage the petitioner.