CENTRAL COALFIELDS LIMITED Vs. DEEP NARAYAN SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant Central Coalfields Limited (herein referred to as the 'Company'), and learned counsel for the respondent writ petitioner.

(2.) The appellant Company is aggrieved by the order dated 21.4.2017 passed by the Hon'ble Single Judge, in W.P.(S) No. 1875 of 2016, whereby, the writ application filed by the respondent writ petitioner for his appointment in the appellant Company on compassionate ground, has been allowed by the Hon'ble Single Judge, directing the appellant Company to consider the case of the writ petitioner for appointment on compassionate ground and issue letter of appointment in pursuance of paras 9.3.0, 9.4.0 and 9.5.0 NCWA-VI, within the period of three months from the date of production / receipt of the order.

(3.) The facts of the case lie in a short compass. The father of the respondent writ petitioner was an employee of the appellant Company and was posted as Tripnan in Kargali OCP, B & K Area, who was declared unfit by the appellant Company, and subsequently his name was also struck off from the rolls of the Company on the same ground on 5.1.2013. In compliance of para 9.4.0 of the NCWA-VI, the father of the respondent writ petitioner had given an application for employment of his elder son, i.e., the elder brother of the writ petitioner, but his case was rejected on the ground that he was overage. In the meantime, the father of the respondent writ petitioner died and the mother of the respondent writ petitioner gave application for the employment of the respondent writ petitioner on compassionate ground on 20.1.2015, which was again rejected by the appellant Company by order dated 11.2.2015, as contained in Annexure-6 to the writ application, stating that the respondent writ petitioner was also overage being aged more than 35 years. This order was challenged by the writ petitioner by filing W.P.(S) No. 1875 of 2016, and the writ application was allowed by quashing Annexure-6 and directing the appellant Company to appoint the writ petitioner on compassionate ground.