S.J.MUKHOPADHAYA, J. - (1.) THE father of petitioner late Bhora Man) hi was in the services of M/s. C.C.L. in its Rajrappa Washery Project. He died in harness on 3rd June, 1999. The petitioner thereafter applied for compassionate appointment on 27th January, 2000 but it has been rejected on 13th June, 2002 and 3rd July, 2002 on the ground that the application was filed after 7 months and 21 days of the death of father of petitioner.
(2.) COUNSEL for the respondents submitted that a circular dated 12th December, 1995 was issued wherein six months period was stipulated to accept the application for compassionate appointment. The petitioner having applied after 7 months and 21 days of death of his father, the application was rejected on the ground of delay. The submission aforesaid made on behalf of respondents cannot be accepted as it will be evident from the Circular No. 7151 dated 12th December, 1995 that it was never circulated amongst the employees, which reads as follows : CENTRAL COALFIELDS LIMITED DARBHANGA HOUSE, RANCHI No. PD/MP/9:4:2:/95/7 Dated: 12.12.1995 To, GGMs/GMs. of all the Areas CIRCULAR It has been observed from the details of the statement prepared and substituted by the Areas for Placement Interview under para 9.4.2 of NCWA -IV, that cases pertaining to the period beyond 6 months are also entertained without any reasoning. Considering this situation and also in order to streamline the activities of the manpower and to have effective control over it, it has been decided that the cases falling beyond 6 months from the date of death of the concerned employees, the dependent Of the deceased employees will not be entertained, unless express permission is given by Hqtrs. After thorough scrutiny of the cases. More so action will be taken against these who fall to complete the work within stipulated time. Therefore, all the Staff Officer (Pers.) should discuss this matter with the Personnel Executives of the Units/Establishments and advise them accordingly. (Dr. R.S. Roy) Director (Personnel) C.C.: Staff Officer (Pers.) of all the areas.
(3.) IN a similar case of Phagu Bouri v. C.C.L. and Ors., CWJC No. 132 of 2000, a Bench of this Court vide order dated 6th August, 2001 while took into consideration the aforesaid submission made on behalf ofC.C.L., this Court made the following observation : JHARKHAND HIGH COURT, RANCHI Phagu Bouri v. C.C.L. and others *** Heard the counsel for the parties. 2. It is unfortunate that the respondents, a Central Govt. undertaking, has not bothered to file counter affidavit in this case in spite of time allowed by this Court. I have, therefore, no option but to dispose of the writ petition on its own merit. 3. The claim of the petitioner for compassionate appointment was rejected merely on the ground that the application for such appointment was filed after a gap of six months between the death of the employee and the date of application. The decision of the CCL authorities appears to be irrational because it is but natural that if an employee dies in harness, his dependents, instead of mourning the sad demise of the bread earner, are not supposed to immediately rush to the employer asking for compassionate appointment, the reason given is unreasonable, illegal and without jurisdiction. 4. This writ application is, therefore, allowed. The impugned order is quashed. The matter is remitted back to the competent authority to, re -consider the case of the petitioner and take fresh decision in accordance with law within ;a period of two months from the date of receipt of a copy of this order. Sd/ - M.Y. Eqbal ;