ETWARIA DEVI Vs. BHARAT COKING COAL LTD
LAWS(JHAR)-2007-9-34
HIGH COURT OF JHARKHAND
Decided on September 06,2007

Etwaria Devi Appellant
VERSUS
BHARAT COKING COAL LTD. Respondents

JUDGEMENT

- (1.) HEARD the counsel for the parties. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 20.9.2006 passed in WPS No. 2540 of 2006 whereby the learned Single Judge dismissed the writ petition filed by the petitioner -appellant seeking employment on compassionate ground.
(2.) THE facts of the case lie in a narrow compass: Petitioner's husband, late Arjun Bhuia was serving as a Minor Loader in Angar Pathara colliery and died in harness on 21st December, 1992. The deceased left behind him the appellant -widow, two sons and one daughter. After the death of the deceased application was filed by the appellant for retiral benefits and also for compassionate appointment. The said application was not considered because the respondents doubled the applicant being the widow of the deceased. However, in 2005 the Superintendent of Police, Chatra, after verification, reported that the appellant is genuinely the widow of the deceased. The appellant also produced the succession certificate obtained from the competent court. The learned Single Judge took notice of all the facts and refused the prayer of the appellant on the ground, inter alia, that more than 15 years have passed since the death of the deceased and, therefore, the very purpose and object of compassionate appointment has been frustrated.
(3.) WE do not find any error in the impugned judgment inasmuch as it is well settled that the object and purpose of compassionate appointment is to give immediate relief to the dependants and to save them from starvation. We are, therefore, not inclined to interfere with the impugned judgment.;


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