Lakshmi Kumari @ Lakshmi Sonarin vs Central Coalfields Ltd. Through ...
2022 Latest Caselaw 570 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P.(S). No. 1768 of 2021
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Lakshmi Kumari @ Lakshmi Sonarin ......... Petitioner.

Versus

1. Central Coalfields Ltd. through its Chairman-cum-Managing Director, Ranchi.

2. The Director Personnel, Central Coalfields Ltd., Ranchi.

3. The General Manager (P&IR), Central Coalfields Ltd., Ranchi.

4. The Chief Manager (Labour and Recruitment), Central Coalfields Ltd., Ranchi.

5. General Manager, Central Coalfields Ltd. Kathara Area, Bokaro.

6. The Project Officer, R.R. Shop Jarangdih, Central Coalfields Ltd., Jarangdih, Bokaro.

                                                     ..........       Respondents.
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         CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                (Through: Video Conferencing)
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              For the Petitioner:      Mr. Abhijeet Kumar Singh, Advocate
              For the CCL       :      Mr. D.K. Chakravarty, Advocate
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04/ 21.02.2022     Heard the parties.

2. Petitioner has approached this Court with a prayer for direction upon the respondents to consider the case of the petitioner for appointment on compassionate ground.

3. As per the factual matrix, mother of the petitioner was appointed under the respondent-CCL and after working for a long period, died in harness on 11.03.2016. Since the entire family of the petitioner was dependent on the earnings of her mother, after her death, the petitioner submitted application before the respondent-CCL requesting therein to consider her case for compassionate appointment but till date no decision has been taken on her representation and hence, the petitioner has been constrained to knock the door of this Court.

4. Mr. Abhijeet Kumar Singh, learned counsel appearing for the petitioner vociferously argues that petitioner is entitled for compassionate appointment as per the provisions of NCWA, which provides that in case of death either due to mine accident or for any other reasons or on ground of medical unfitness, under Clause-9.4.0, employment will be given to one of the dependent of the family of

deceased employee. Learned counsel further submits that though the petitioner submitted application for compassionate appointment within time as per provisions of NCWA, but till date the respondents have not considered her case. To buttress his arguments, learned counsel places heavy reliance on the judgment passed by the Division Bench of this Court in LPA No. 196 of 2017 (Central Coalfields Ltd. Vs. Hemanti Devi) and submits that the law in this regard has already been settled that even married daughters are entitled for getting employment on compassionate ground under the provisions of NCWA and hence, a direction be given to the respondents to consider the case of the petitioner for appointment on compassionate ground in view of the provisions of NCWA.

5. Learned counsel for the respondent-CCL very fairly submits that in absence of any counter-affidavit he is unable to controvert the stand of the petitioner. However, a fair stand has been taken that if till date no order has been passed on the representation/ application of the petitioner, the same shall be passed in accordance with law, taking into consideration the judgment passed by this Court in Hemanti Devi's case (LPA No. 196 of 2017).

6. Be that as it may, having heard the submissions of learned counsel for the parties, this Court is of the view that case of the petitioner needs consideration. However, since no order has been passed on the representation of the petitioner, the respondent-CCL is directed to pass a reasoned order on the pending application of the petitioner, within a period four weeks from the date of receipt/ production of a copy of this order. Let it be made clear that if the petitioner is found entitled for compassionate appointment in view of ratio laid down by the Division Bench of this Court in LPA No. 196 of 2017 and also in view of the fact that entire family of the petitioner was dependent on the earnings of the deceased employee, the benefits as prayed in the instant writ application shall be extended to the petitioner within a further period of four weeks.

7. With the aforesaid observations and directions, the writ petition stands disposed of.

(Dr. S.N. Pathak, J.) kunal/-