- (1.) Learned counsel for the Central Coalfields Ltd. is permitted to file counter affidavit in the Court and the same is accepted. The petitioner, namely, Sudhir Ram @ Sudhir Kumar, has filed this writ application challenging the order dated 23.02.2013, by which his application for compassionate appointment has been rejected by the Central Coalfields Ltd. on the ground that the claim is belated one.
(2.) The father of the petitioner, namely, Bindeshwar Mochi was an employee of Central Coalfields Ltd. He was a Pump Khalasi in the Jharkhand Open Cast Project, Hazaribagh of Central Coalfields Ltd. Bindeshwar Mochi while in service died on 18.01.1995. The petitioner is the eldest son of late Bindeshwar Mochi. The petitioner's date of birth being 10.04.1979, was minor at the time of death of his father. Though he was a minor, but he was more than 15 years of age and, as such, was liable to be kept in the live roster to be considered for appointment on attaining majority. The mother of the petitioner informed and prayed vide letter dated 12.04.1995 to keep the name of the petitioner in live roster and to offer employment when he attains majority. The existence of this letter was disputed by the Central Coalfields Ltd.
(3.) Just before attaining the majority, on 16.02.1997 an application seeking compassionate appointment as per N.C.W.A. was filed by the petitioner before Central Coalfields Ltd. The said application was in proper format. This application for compassionate appointment was considered by the Central Coalfields Ltd. and ultimately vide order dated 23.02. 2013 dismissed the claim of the petitioner on the ground that the application has been filed after more than 1 1/2 years from the date of death of his father, thus the claim is time barred. This rejection gave rise to the instant writ application.;