LAWS(JHAR)-2005-4-27

DYANAND MAHTO Vs. CENTRAL COALFIELDS LIMITED

Decided On April 29, 2005
Dyanand Mahto Appellant
V/S
CENTRAL COALFIELDS LIMITED Respondents

JUDGEMENT

(1.) BY filing writ petition on 13.4.2005, petitioner is challenging the order contained in letter dated 15.12.2003 whereby claim of the petitioner for compassionate appointment has been disallowed and direction was issued for payment of monetary compensation.

(2.) PETITIONER 'sfather late Charku Mahto was regular employee of Central Coal Field Limited and posted as Clerk Grade II G.M. Office, Kuju area. He died in harness on 1.1.1996. The widow thereafter filed an application in 1996 intimating the death of her husband and applied for her employment in place of her husband but the Management refused to give employment and instead of that ordered for payment of monetary compensation. Petitioner 'scase is that she did not receive any compensation. In 1997 she applied for employment for her son, who attained the age of 18 years. The said claim of the petitioner was rejected and was communicated by Personnel Manager (MP) to the Staff Officer (P) of Kuju Area of Central Coal field Limited. The letter reads as under :

(3.) HAVING regard to the fact that the petitioner was minor at the time of death of his father and about nine years have passed, I am not inclined to issue any direction for considering the case of the petitioner for employment. However, admittedly, the monetary compensation has not been paid to the widow because of the negligence of the respondents which is evident from the letter stating that monetary compensation should have been paid to the widow.