BABULAL MAJHI Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This appeal is at the instance of the writ petitioner who had claimed compassionate appointment in the place of his deceased father-in-law. The father-in-law was an employee of the Eastern Coalfields Limited (hereinafter referred to as 'the Colliery') who died in harness in the month of July, 2009. His widow and two daughters survived him. It appears from the writ petition that the family wanted the employment of the eldest daughter but that was rejected by the Colliery. Then the petitioner as the son-in-law applied. His application too was rejected by the Colliery, but that was unfortunately after an inordinate delay. The ground for rejection was that the widow of the deceased employee was already in employment in the said colliery. As such the application of the petitioner could not be considered.

(2.) This time the petitioner challenged the rejection. The learned single Judge declined to interfere on twofold grounds. First, the petitioner was the son-in-law and as such could not be considered to be a direct heir of the deceased. The other was the lack of explanation regarding the need for such an appointment about a decade after the death of the said deceased employee.

(3.) These findings have been challenged in the present appeal.