MUNNA SAW Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) This application has been filed seeking modification of the order dtd. 21/7/2017 passed in W.P.(S) No.188 of 2011.

(2.) Mrs. M.M. Pal, the learned Senior counsel for the petitioner submits that what has come in the way of the petitioner in seeking compassionate appointment is an observation of the writ Court in paragraph no.7 of the order dtd. 21/7/2017 wherein it has been recorded that the petitioner's claim for appointment in terms of NCWA-V shall be considered provided he has not crossed the age for employment as on today, that is, on 21/7/2017.

(3.) In "Central Coalfields Limited Vs. Sahzad Alam and others" (in L.P.A. No.343 of 2017) a Division Bench of this Court has taken a view that the time taken by the respondent-M/s CCL in assessing the eligibility of the applicant shall not deprive him the benefit of NCWA-V. The learned Senior counsel has also referred to the order passed in L.P.A No.520 of 2017. In "Md. Israfil Khan Vs. Bharat Coking Coal Limited and others" (in L.P.A No.520 of 2017) a Division Bench of this Court has taken a view that delay in disposal of the writ petition should not prejudice a claimant.