CENTRAL COALFIELDS LIMITED Vs. LAL MUNI DEVI

JUDGEMENT

(1.) Heard, learned counsel for the appellant and Amicus Curiae, Mr. Ramit Satender.

(2.) Widow mother and the younger son Rup Lal Manjhi of the employee dying in harness on 15.12.2014 approached the writ Court being aggrieved by the order dated 27.05.2017 by which claim for compassionate appointment of petitioner no.2 Rup Lal Manjhi (appellant no.2) herein was declined on the ground that it was filed beyond the prescribed time limit of 1 1/2 years, annexed at page-29 of the memo of appeal. Prior to that the application of the elder brother of petitioner no.2 namely Babu Lal Manjhi was rejected on 05.09.2016 on the ground that he had crossed the age of 35 years i.e. the maximum age prescribed for appointment under C.C.L. On the next date itself, petitioner no.2 made an application which was rejected by the order impugned in the writ petition as being time barred. Learned Single Judge took a liberal view of the scheme of compassionate appointment and held that rejection of the application of petitioner no.2 was unsustainable since had the employer rejected the application of Babu Lal Manjhi, his elder brother within the prescribed period of 1 1/2 years from the date of death, petitioner no.2 could have applied within the time limit of 1 1/2 years and his claim would have been tenable. However, since the delay in taking decision was on the part of the employer, the application of the younger brother Rup Lal Manjhi on 06.09.2014 would relate back to the initial application which was filed by his elder brother on 28.05.2015. C.C.L. being aggrieved has therefore preferred this appeal.

(3.) Writ petitioner/ respondents herein did not enter appearance despite valid service of notice. Considering the issues raised, this Court appointed Mr. Ramit Satender learned Advocate to assist the Court as Amicus Curiae vide order dated 17.09.2019.