LAWS(JHAR)-2019-8-177

KIRAN KUMARI Vs. BHARAT COKING COAL LTD

Decided On August 06, 2019
KIRAN KUMARI Appellant
V/S
BHARAT COKING COAL LTD Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached this Court challenging the order of rejection dtd. 12/8/2016, passed by Project Officer, Simlabahal Colliery of M/s. Bharat Coking Coal Limited, Dhanbad and for a direction for consideration of her case for appointment on compassionate grounds.

(3.) From perusal of records, it appears that petitioner had earlier moved this Court vide W.P.(S) No. 3426 of 2015 challenging the order dtd. 17/7/2015 by which she was asked to obtain Succession Certificate from a competent Court to facilitate granting her compassionate appointment. This Court, vide order dtd. 12/5/2016, had held that succession certificate is not the requirement for proving genuineness of the petitioner and writ petition was allowed. Though petitioner preferred representation before the respondents authorities for consideration of her case for appointment on compassionate grounds, the same stood rejected vide order dtd. 12/8/2016 on the ground that petitioner is not dependent daughter of the deceased employee as she was already married during the life time of the deceased-employee Late Bajo Ram and as such in view of provisions of NCWA, petitioner is not entitled to claim employment on compassionate grounds. Being aggrieved, petitioner has been constrained to knock door of this Court.