Yogesh Prasad Mahto vs The Chairman Cum Managing Director
2024 Latest Caselaw 1160 Jhar

Jharkhand High Court

Yogesh Prasad Mahto vs The Chairman Cum Managing Director on 5 February, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   W.P. (S) No. 151 of 2023

                   Yogesh Prasad Mahto                          ...       ...    Petitioner
                                      Versus
                 The Chairman cum Managing Director, Eastern Coalfields Limited
                 and others                        ...        ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Mrinal Kanti Roy, Advocate For the Respondents : Mr. Rajesh Lala, Advocate : Mr. Manoj Kumar Sah, Advocate

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05/05.02.2024 Learned counsel for the parties are present.

2. The issue involved in the present case is whether an illegitimate son through second wife would be entitled for a compassionate appointment.

3. The learned counsel for the petitioner submits that neither the first wife nor her daughter is entitled to compassionate appointment as they have already crossed the age bar.

4. The learned counsel for the respondents has relied upon a judgment passed by the Hon'ble Calcutta High Court decided on 07.03.2013 in the case of Eastern Coalfields Limited versus Dilip Singh and Ors. to submit that it has been held that the illegitimate son does not have a right for compassionate appointment. Compassionate appointment is not a heritable right. The learned counsel has also submitted that if the compassionate appointment is granted to the petitioner, the first wife would be deprived of the monetary compensation as monetary compensation will be payable in lieu of the compassionate appointment.

5. Let the counter affidavit be filed by 19.02.2024.

6. Post this case on 21.02.2024.

(Anubha Rawat Choudhary, J.) Binit