Jharkhand High Court
Pinki Kumari vs Central Coalfield Limited ... on 19 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.39 of 2021
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Pinki Kumari, aged about 28 years, daughter of late Rajan Kumar, resident
of New Karo, P.O. and P.S. Bermo, District-Bokaro, Jharkhand
.... .... .... Petitioner
Versus
1. Central Coalfield Limited through its Chairman-cum-Managing Director,
At & P.O. Darbhanga House, P.S. Kotwali, District-Ranchi, Jharkhand
2. The Director Personnel, Central Coalfield Limited, At & P.O. Darbhanga
House, P.S. Kotwali, District-Ranchi, Jharkhand
3. The General Manager (P&IR, Central Coalfield Limited, At & P.O.
Darbhanga House, P.S. Kotwali, District-Ranchi, Jharkhand
4. The Chief Manager (Labor and Recruitment), Central Coalfield Limited,
At & P.O. Darbhanga House, P.S. Kotwali, District-Ranchi, Jharkhand
5. General Manager, Central Coalfield Limited, Kargali Bokaro Area, At &
P.O. and P.S.-Kargali, District-Bokaro, Jharkhand
6. The Project Officer, Karo-1, Project, Central Coal field Limited, At Karo,
P.O. and P.S. Bermo, District-Bokaro, Jharkhand
.... .... .... Respondents
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Abhijeet Kumar Singh, Advocate
For the Respondents: Mr. Shivam Sahay, Advocate
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02/19.02.2021 Heard Mr. Abhijeet Kumar Singh, learned counsel for the petitioner
and Mr. Shivam Sahay, learned counsel for the respondent-State.
This writ petition has been heard through Video Conferencing in
view of the guidelines of the High Court taking into account the situation
arising due to COVID-19 pandemic. None of the parties have complained
about any technical snag of audio-video and with their consent this matter
has been heard.
The petitioner has preferred this writ petition for direction upon the
respondents to consider the case of the petitioner for appointment on
compassionate ground in the light of NCWA.
The father of the petitioner namely, Rajan Kumar was appointed in
the service of C.C.L. on 13.02.1988 and was working as Driver Cat-V in
Karo-1 Project of C.C.L. The father of the petitioner died on 12.12.2016.
After the death of the father of the petitioner, the respondent-CCL was
informed that the petitioner is the daughter of deceased-employee and
relationship certificate was also produced as Annexure-2. The mother of the
petitioner had already died.
Mr. Abhijeet Kumar Singh, learned counsel for the petitioner submits
that although the petitioner is married but her husband is unemployed and
even before death of her father the petitioner was fully dependent upon the
earnings of the deceased employee and after the death of the employee the
family was undergoing acute financial crisis. He submits that the petitioner
has made application on 01.11.2017 requesting therein to grant employment
to her. He submits that the petitioner was directed to submit relevant
documents which was complied by the petitioner. He submits that the
provision of NCWA provides that in case of death either in mine accident or
for other reasons or medical unfitness under Clause 9.4.0 employment will
be provided to one dependent of the family of deceased employee but no
decision has been taken as yet on the application of the petitioner. He
further submits that the case of the petitioner is fully covered in view of
judement of Division Bench in the case of "Central Coalfields Limited Vs.
Hemanti Devi (L.P.A. No. 196/2017)"
Mr. Shivam Sahay, learned counsel for the respondents submits
that if representation is there the same shall be disposed of by the
competent authority.
In view of the above facts and considering the submissions of the
learned counsel for the parties, the writ petition is being disposed of with a
direction to the petitioner to file fresh representation before respondent
nos.3 and 6 alongwith documents on which the petitioner is relying including
a copy of judgement in the case of "Hemanti Devi" (supra) within three
week from today. If such representation is filed within the aforesaid period
the respondent nos.3 and 6 shall examine the case of the petitioner and
pass a reasoned order in accordance with rules, regulations, guidelines and
considering the N.C.W.A. particularly the judgment in L.P.A. No.196/2017
within a period of eight weeks thereafter.
With the above observations and directions, this writ petition
stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/-
