KRISHNA KUMAR Vs. CENTRAL COALFIELDS LTD., RANCHI

JUDGEMENT

(1.) HEARD Shri Rajesh Kumar, learned counsel for the petitioner and J.C. to Mr. Ananda Sen, learned counsel for the Respondent -C.C.L.

(2.) PETITIONER , in this writ application has prayed for quashing the letter dated 04.10.2007 (Annexure -7), issued by the Respondent No. 5, whereby the prayer for compassionate appointment to the petitioner no. 1 -brother of the deceased employee and alternatively to the petitioner no. 2 -widow of the deceased -employee, has been refused by the Respondents -C.C.L.

(3.) UPON his death, the petitioner no. 2 being the widow of the deceased employee, had approached the Respondents with a prayer for granting compassionate appointment to her in accordance with the provisions of Clause 9.3.2 of the N.C.W.A. Agreement -VII but she was turned away on the ground that her name did not find mention in the family chart of the deceased -employee. On the widow (petitioner no. 2) being turned away, the petitioner no. 1 being the dependant brother of the deceased had filed an application within time but his application for grant of compassionate appointment was also rejected on the following grounds: -