Behula Kora & Anr vs Eastern Coal Fields Limited & Ors
2023 Latest Caselaw 6274 Cal

   103.
19.9.2023
   S.D.

                                    W.P.A. 4931 of 2023

                                   Behula Kora & Anr.
                                            Vs.
                            Eastern Coal Fields Limited & Ors.

                    Mr. Nirmalendu Ganguly
                                              ..For the Petitioner

                    Mr. Kallol Guha Thakurata
                    Md. Wasim Rahaman
                    Mr. Debdip Mondal
                                      ...For the Respondent No. 4

Mr. Syed Nurul Arefin Mr. Moyeenul Arefin ..For the ECL Authorities

This is an application for compassionate appointment

of the son-in-law of the deceased employee. The employee

died-in-harness on March 20, 2011. The petitioner no. 1 is the

daughter of the deceased employee who worked with the

Eastern Coal Fields Limited (ECL). The petitioner no. 2 is the

son-in-law of the deceased employee.

An application was made for appointment on

compassionate ground of the petitioner no. 2 sometime in

2012.

The respondent/ECL sought for certain clarifications by

their letter dated August 1/2, 2012. Such discrepancies which

were sought to be ANSWEREDd by the petitioners by a letter

in 2013 was replied to by the Assistant Manager (Personnel)

by a letter dated July 19, 2013. The petitioner no. 2 was

informed that the old Ration Card sought to be submitted by

him seems to be tampered in the place of date of preparation.

Therefore, the duplicate copy of such Ration Card was

required to be submitted. Furthermore, the Epic Card of the

claimant was also required to be submitted along with an

affidavit affirmed by the parent/guardian of the bride.

By an order dated April 10, 2023, this Court permitted

the learned counsel appearing on behalf of the petitioners to

file a Supplementary Affidavit bringing on records the

documents to show the steps taken by the petitioners between

August 2012 and January 2023 for pursuing the claim for

compassionate appointment. Supplementary Affidavit was

affirmed on June 6, 2023. It was stated in the said

Supplementary Affidavit that all the documents were

submitted in 2013. Therefore, nothing further remained to be

submitted thereafter. How the discrepancies raised by the

letter dated July 19, 2013 issued by the Assistant Manager

(Personnel) wERE sought to be clarified was not brought on

record in the said Supplementary Affidavit. Furthermore, the

steps taken by the petitioner from 2012/2013 till 2023 have also

not been explained in the affidavit, apart from stating that the

petitioners cried almost daily for compassionate appointment.

Since the status list of the ECL for employment under National

Coal Wage Agreement (NCWA) for April 20, 2023 showed

"pending", the petitioners did not make any further written

correspondence.

Mr. Thakurata, learned counsel appearing on behalf of

the respondent no. 4/CMPFO submits that the order dated

August 3, 2023 should be recalled. However, this Court finds

no application for recalling on record as on date.

By the order dated August 3, 2023, this Court

specifically directed that the matter will appear for

consideration of the issues of compassionate appointment and

the question of inordinate delay on the adjourned date of

hearing.

Considering the rival submissions of the parties and the

materials placed on record, this Court finds that under the

applicable Scheme/Modalities for processing employment to a

dependent under NCWA, in case, the dependent was (son-in-

law/brother/widowed daughter/widowed daughter-in-law), a

Relationship Certificate has to be issued by the authorities

concerned. The said Relationship Certificate has to clearly

indicate that the dependent has been residing with the ex-

employee (indicating his name, designation and name of the

colliery). Furthermore, it has to be revealed that the

dependent was almost wholly dependent on the earnings of

the ex-employee during his service period. This Court does

not find any such statement on record. Furthermore, this

Court finds that the addresses of the petitioners as evident

from the Epic Card as well as the Aadhaar Card are different

from the address of the deceased employee as recorded in the

Service Book. In the Service Book, it is recorded that the

deceased employee is a resident of Puresamla (Basbagan), P.O.

Natundanga, P.S. Faridpur, District - Burdwan. The said

address has also been recorded in the purported Relationship

Certificate annexed at page 10 of the Supplementary Affidavit.

However, the same does not tally with the addresses recorded

in the Epic Card as well as the Aadhaar Card.

In such view of the matter, this Court is of the opinion

that the modalities as required by the ECL were not completed

by the petitioner no. 2. Furthermore, the petitioner no. 2 has

not been able to show any communication between 2012/13

and 2023. Therefore, this Court is not inclined to consider the

prayer for compassionate appointment relying on the Apex

Court's judgment reported in 2023 SCC Online SC 219 (State

of West Bengal vs. Debabrata Tiwari & Ors.) due to

inordinate delay in pursuing such prayer.

With the directions aforesaid, W.P.A. 4931 of 2023 is

disposed of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be given to the parties upon compliance of all the

formalities.

(Lapita Banerji, J.)