Babli Kumari vs M/s. Bharat Coking Coal Ltd. and Others

Aparesh Kumar Singh, J.—Heard counsel for the parties. This petitioner has approached this Court for a direction upon the respondent-BCCL to take a decision on her application of compassionate appointment under the respondents.

As per the case of the petitioner, her father Late Shiv Shankar Kumar, who was semi skilled worker employed under the respondent-BCCL at Patherdih Coal Washery had died in harness on 15.1.1998. It is the case of the petitioner that her mother had already died on 4.5.1994 and her younger brother also died on 23.3.2000. Petitioner is aged about 33 years and is eligible for appointment. She submitted her application form in January, 2001 in terms of the provision of N.C.W.A. Thereafter, certain defects were pointed out in her application which was rectified by her later on 20.4.2002. Thereafter, the respondents have not taken any decision, though she has been assured time and again that the matter would be considered and disposed of. Even in the month of December, 2012 she has represented before the respondent no. 1, which has not been acted upon and, therefore, she is compelled to move this Court seeking such relief.

Learned counsel for the respondent-BCCL, Mr. Ananda Sen submitted that in a case of compassionate appointment where the employee has died in harness in January 1998 itself and the petitioner has survived all these 15 years after the death of her father, at this stage such relief cannot be granted in view of the law laid down by the Hon''ble Supreme Court in the matter of grant of appointment on compassionate ground. It is further submitted that for the period after 2002 till 2012, there is no explanation on the part of the petitioner as to what steps were taken by her for seeking compassionate appointment.

I have heard counsel for the parties at some length and gone through the relevant materials on record. It is the case of the petitioner that her father is said to have died in harness on 15.1.1998 while working as semi skilled worker at Patherdih Coal Washery under the respondent-BCCL. The petitioner is said to have made an application in 2001 and resubmitted the same after correction in April 2002. Thereafter, she herself sat over the matter and finally in April, 2013 she has preferred this writ application for seeking direction upon the respondents to consider her case for compassionate appointment.

However, in the matter of compassionate appointment law is well settled by various pronouncements of the Hon''ble Supreme Court. Compassionate appointment is granted by way of exception to take care of extraordinary situation on the death of the bread earner of the family and dependent being rendered destitute immediately, thereafter. The normal course is employment through proper advertisement giving due consideration to eligible persons to any public post or employment under State or its instrumentalities. However, in the instant case after a delay of 15 years after the death of deceased employee this writ application has been preferred by the petitioner for consideration of her case for compassionate appointment. In that view of the matter, this Court in not inclined to interfere with the matter and the writ petition, being grossly delayed is accordingly, dismissed.