Bombay High Court
Shri Parvez Ibrahim Patel vs Chief General Manager W.C.L. ... on 6 July, 2017
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5690/2013
PETITIONER : Shri Parvez Ibrahim Patel
aged about 30 years, Occ : Nil,
R/o Block No.37/3, Bajaj Colony, WCL
Saoner, Tah. Saoner, Distt. Nagpur.
...VERSUS...
RESPONDENTS : 1. Chief General Manager,
Western Coalfields Ltd., Nagpur
Area, Jaripatka, Nagpur - 02.
2. General Manager (Industrial Relations)
Western Coalfields Ltd., Coal Estate,
Seminary Hills, Nagpur.
3. Superintendent of Mines, Saoner
Mine No.3, Western Coalfields Ltd.,
Saoner, Tah. Saoner, Distt. Nagpur.
4. Smt. Shahajahan Begum wd/o Ibrahim Patel
Age : Major, Occu : - Household,
R/o Block No.37/3, Bajaj Colony, W.C.L.
Saoner, Tah. Saoner, Distt. Nagpur.
(Added as per Court's order dt. 21/4/14)
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Shri V.A. Dhabe, Counsel for the petitioner
None for the respondents
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CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 06.07.2017
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ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this writ petition, the petitioner seeks a declaration that
the action on the part of the respondents in not keeping the name of the
petitioner in the live roster for granting compassionate appointment, is
illegal. The petitioner seeks a direction against the respondents to grant
employment to the petitioner in accordance with his qualifications. The
petitioner seeks an action against the respondents for not maintaining the
name of the petitioner in the live roster.
The father of the petitioner was working with the
respondent-Western Coalfields Limited when he expired while in
employment on 27.3.1998. At the relevant time, the petitioner was minor
and the request of the mother of the petitioner for compassionate
appointment was not favourably considered by the Western Coalfields
Limited. The mother of the petitioner was however paid compensation of
Rs.2,500/- per month in lieu of employment in terms of the policy of the
Western Coalfields Limited. It is the case of the petitioner that though the
mother of the petitioner made representations from 2000 to 2004 seeking
employment, the employment was not granted to her. It is stated that the
case of the petitioner was being pursued through the Workers' Union and
after the petitioner enquired about the progress of the steps taken by the
Union for seeking employment for the petitioner in the year 2013, the
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petitioner became aware that his name was not kept in the live roster and
his candidature was not considered. After receiving the said information
the petitioner has filed the instant petition seeking the aforesaid relief.
The respondent nos.1 to 3 have filed an affidavit-in-reply. It
is stated in the affidavit-in-reply that after the mother of the petitioner
had applied for compassionate appointment by the letter dated 6.11.1998,
the respondent no.3 informed the mother of the petitioner that one of her
sons was about 15 years of age and that his name should be kept in the
live roster and that she would get monetary honorarium as per the policy
of the Western Coalfields Limited. The offer of the respondent no.3 in the
communication dated 6.11.1998 was not accepted by the mother of the
petitioner and the mother of the petitioner wrote to the Western
Coalfields Limited vide communication dated 13.11.1998 that the
appointment should not be given to her son (the petitioner) as she does
not want to become dependent on him. It is stated in the reply that in
pursuance of the said communication dated 13.11.1998 the respondents
did not keep the name of the petitioner in live roster. It is stated that by
the office order dated 19.7.1999, monetary honorarium was sanctioned
for the mother of the petitioner which is payable to her till she attains the
age of 60 years. It is stated that the monetary honorarium was accepted
by the mother of the petitioner and she is receiving the said honorarium.
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An objection is raised in the reply about the delay in filing the petition
after a lapse of more than nine years. It is stated that the petitioner is well
qualified and was not interested in seeking the employment at an earlier
point of time.
Since the mother of the petitioner had not accepted the offer
of the Western Coalfields Limited that the name of her son, i.e., the
petitioner could be kept in the live roster, the mother of the petitioner was
directed to be joined as a party respondent to this petition. The mother of
the petitioner has filed an affidavit-in-reply. It is stated in the affidavit-in-
reply that she does not have any objection if the Western Coalfields
Limited appoints the petitioner on compassionate ground.
On a reading of the petition and the affidavit-in-reply filed
on behalf of the respondent nos.1 to 3 and the respondent no.4, it appears
that the relief sought by the petitioner cannot be granted. The petition
suffers from laches. The father of the petitioner had expired while in
service, in the year 1998. At the relevant time, the mother of the
petitioner had applied for compassionate appointment. Compassionate
appointment was not granted to the mother of the petitioner and the
honorarium of Rs.2,500/- per month was paid to her. The mother of the
petitioner did not challenge the said action on the part of the Western
Coalfields Limited. The petitioner had attained the age of majority in the
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year 2000. The Western Coalfields Limited had given an offer to the
mother of the petitioner that the name of the petitioner could be kept in
the live roster so that he could be appointed on compassionate ground.
The mother of the petitioner however rejected the officer vide
communication dated 13.11.1998 and informed the Western Coalfields
Limited that she does not want to be dependent on her son. In view of the
communication dated 13.11.1998, the Western Coalfields Limited did not
place the name of the petitioner in the live roster. The mother of the
petitioner was receiving the honorarium for nearly 15 years, when the
petitioner filed the instant petition in the year 2013 seeking
compassionate appointment and making a grievance against the
respondents for not keeping the name of the petitioner in the live roster.
Compassionate appointment cannot be claimed as of a right.
Compassionate appointment is granted for providing succour to the
dependents of the deceased who dies in harness, while in employment.
The mother of the petitioner is receiving the honorarium in lieu of
employment for nearly 15 years. The mother of the petitioner had clearly
informed the Western Coalfields Limited vide communication dated
13.11.1998 that is annexed to the reply, that the name of the petitioner
should not be included in the live roster as she does not want to be
dependent on him. The mother of the petitioner cannot turn around and
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say after fifteen years that she does not have any objection if the
petitioner is appointed.
In the circumstances of the case, it cannot be said that the
respondents have committed any error in not including the name of the
petitioner in the live roster. Also, there is no explanation for the
inordinate delay in filing the writ petition. Though the petitioner had
attained the majority in the year 2000, the petition is filed in August,
2013. In the circumstances of the case, the relief sought by the petitioner
cannot be granted.
Hence, we dismiss the writ petition with no order as to costs.
Rule stands discharged.
JUDGE JUDGE
Wadkar
