[Cites 1, Cited by 0]
Calcutta High Court
Mukesh Bhuia vs M/S. Eastern Coalfields Limited & Ors on 10 December, 2025
Author: Saugata Bhattacharyya
Bench: Saugata Bhattacharyya
2025:CHC-OS:252
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/140/2025
MUKESH BHUIA
VS
M/s. EASTERN COALFIELDS LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE SAUGATA BHATTACHARYYA
HEARD ON : 10.12.2025
JUDGEMENT ON : 10.12.2025
For Petitioner : Mr. Partha Ghosh, Advocate
Mr. Amal Kr. Datta, Advocate
Mr. Debashis Das, Advocate
Mr. Bratin Suin, Advocate
For Respondents : Mr. S.M. Obaedullah, Advocate
Mr. Nikhil Kumar Roy, Advocate
Saugata Bhattacharyya, J. :
1. Matter relates to appointment of the petitioner on compassionate
ground as the father of the petitioner died in harness on 21st
October, 2022, who was an employee of Eastern Coal Fields
Limited.
2. Submission is made on behalf of the petitioner relying upon the
report of the Medical Board dated 15th October, 2025, which is
available on record. As per the said medical report dated 15th
2025:CHC-OS:252
October, 2025, age of the petitioner was assessed in range and it
is stipulated in the report that on the date of medical
examination of the petitioner, that is, 15th October, 2025, his age
is 38 plus minus 2 years.
3. It is further contended on behalf of the petitioner, if age of the
petitioner is considered as 36 years [38 - 2 = 36], the petitioner
comes within the zone of consideration in terms of the age for
being considered for appointment on compassionate ground. It is
submitted upper age limit for providing appointment on
compassionate ground in terms of the relevant scheme is 35
years on the date of death of the employee.
4. Father of the petitioner died on 21st October, 2022 and question
arose whether the petitioner was within the upper age limit of 35
years at the time of death of the employee. In support of the case
made out in this writ petition, reliance is placed on the judgment
of the Hon'ble Division Bench dated 7th August, 2024 passed on
an intra-court appeal being MAT No. 2151 of 2023 (M/s.
Eastern Coalfield Limited vs. Smt. Purnima Singh & Ors.). It
is also submitted that ratio of Purnima Singh (supra) relating to
fixing age of candidate based on medical report was not
interfered with by the Hon'ble Supreme Court in Special Leave
to Appeal (C) No. 30605-30606/2024 (M/s. Eastern Coalfield
Limited vs. Smt. Purnima Singh & Ors.).
2025:CHC-OS:252
5. On the contrary, learned advocate representing ECL has made
submission against the claim of the petitioner seeking
appointment on compassionate ground and it is further urged
that on the date of death of the employee, age of the petitioner
needs to be assessed above the upper age limit as there is no
specification in the report of the Medical Board dated 15th
October, 2025 relating to age of the petitioner and it was opined
that on 15th October, 2025 age of the petitioner was within the
range of 36 - 40 years.
6. In order to adjudicate the issue involved in this writ petition,
Court needs to consider the medical report dated 15th October,
2025 prepared by the Medical Board constituted by the authority
of Burdwan Medical College & Hospital, Purba Burdwan in terms
of the order dated 26th August, 2025 passed on this writ petition
by a co-ordinate Bench. It is submitted that no appeal was
preferred by the respondent authorities against the order dated
26th August, 2025 of the co-ordinate Bench. Therefore, the
exercise carried out by the Medical Board ought to be given
credence in assessing age of the petitioner.
7. In the medical report dated 15th October, 2025, though no
specific date was possible to be recorded as the date of birth of
the petitioner or exact age of the petitioner was not stated but
range of probable age of the petitioner is provided, which is 38
2025:CHC-OS:252
plus minus 2 years on 15th October, 2025, being the date on
which petitioner was medically examined.
8. In order to construe probable age of the petitioner on the date of
death of his father, Court finds it apt to rely upon paragraph 24
of Purnima Singh (supra) wherein the Hon'ble Division Bench
decided the issue considering the age of the respondent on the
lower side as per medical report. Since it is not possible to derive
exact age of the petitioner on the date of death of the employee
relying upon paragraph 24 of Purnima Singh (supra) Court is
inclined to consider the lowest probable age of the petitioner in
terms of the medical report dated 15th October, 2025 for deciding
his right to be considered for appointment on compassionate
ground. It needs to be recorded herein that ratio of Purnima
Singh (supra) was tested before the Hon'ble Supreme Court and
by final order dated 2nd September, 2025 the Hon'ble Supreme
Court only varied the rate of interest which was awarded in
favour of the respondent but the ratio of Purnima Singh (supra)
touching upon the issue of determination of age of the
respondent was not interfered with.
9. Accordingly, Court directs the concerned authorities of ECL to
process the application of the petitioner seeking appointment on
compassionate ground considering petitioner's age, i.e. 36 years,
on 15th October, 2025 and take decision in terms of the extant
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Scheme relating to appointment of compassionate ground by four
weeks from the date of communication of this order.
10. It is made clear, if petitioner is found to be otherwise eligible,
appointment on compassionate ground is to be provided in
favour of the petitioner.
11. Writ petition stands disposed of.
12. Urgent xerox certified copy, if applied for, be supplied to the
parties upon compliance with all necessary formalities.
(SAUGATA BHATTACHARYYA, J.)
SN.
AR(CR)
