JUDGEMENT
Aparesh Kumar Singh, J. -
(1.) Heard learned counsel for the petitioner and the respondent Bharat Coking Coal Limited (BCCL), Dhanbad.
(2.) The order dated 22.07.2015 passed in W.P.(S) No. 1338 of 2013 of which review is being sought reads as under:-
"Heard learned counsel for the parties.
The petitioner is seeking compassionate appointment stating that his father went missing on 15.10.1990 while working as General Mazdoor at Moonidih Coal Washery, Dhanbad under the respondentBCCL. The said claim has been declined vide impugned order dated 25.10.2011/11.11.2011, Annexure-2 issued by the Senior Manager (Personnel), Moonidih Coal Washery on the ground that such a claim is to be made within 18 months from the date of death of the employee.
The petitioner has placed reliance upon the decree passed in Civil Suit No. 57/2007 dated 05.02.2011, Annexure-1 by the Court of Munsif-I, Dhanbd which declared civil death of his father on account of his missing since 15.10.1990.
Learned counsel for the petitioner submits that only after such declaration, he made an application for compassionate appointment which was well within the time. Therefore, rejection is not proper in the eye of law and on facts.
Learned counsel for the respondents submits that after the employee said to have been missing in 1990, the petitioner's mother herself produced death certificate dated 11.04.1995 issued by the Registering Authority of Gaya. In the wake of such facts, the petitioner's plea of seeking declaration of civil death of his father after 17 years of missing not only creates grave doubt about the genuineness of the claim, but it is in fact an abuse of process of law.
Such dubious claims are being made on the part of one or other persons to seek undue advantage. The impugned order has, therefore, declined the petitioner's request made after 21 years of the alleged incident of missing of the said employee.
The facts noticed hereinabove and the submissions of the parties lead to the conclusion that the claim of the petitioner not only is grossly delayed, but a contradictory claim was earlier made in 1995 by the mother of the petitioner stating that employee had died in Gaya as per the death certificate dated 11.04.1995 annexed as Annexure-A series to the counter affidavit. The petitioner has also instituted a Civil Suit for such declaration of civil death after 17 years from the event of missing. Therefore, application made after such declaration is delayed by a considerable lapse of time when the circular for compassionate appointment prescribes outer limit of 18 months from the date of death of the employee.
In view of the aforesaid reasons, this Court is not inclined to interfere in the impugned order or to issue any direction as prayed for. The writ petition is, accordingly, dismissed."
(3.) The only reason for the petitioner to seek review thereof is the letter dated 04.06.2015 (Annexure-1), an interdepartmental correspondence between the Deputy General Manager (Legal), BCCL and the Chief General Manager, CCWO, Saraidhela, as per which, in terms of VISION 2020 of CIL Management, in order to minimize the litigation in the Company, cases are being examined which are pending at various legal forums for being settled through Lok Adalat. Pursuant to such general exercise, case of the petitioner was also taken up to find out if he would comply with the requirement for offering him employment.;
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