Baijnath Manjhi vs Central Coal Fields Limited

Virender Singh, C.J.—I.A. No.2123 of 2016

Through the instant interlocutory application, the applicant/appellant is praying for condonation of delay of 22 days in filing the accompanied appeal.

For the reasons mentioned in the instant application and there being no objection from Mr. D.K. Chakraborty, learned counsel appearing on behalf of CCL, the aforesaid delay occurred in filing the appeal is, hereby, condoned.

I.A. No.2123 of 2016 stands disposed of accordingly.

L.P.A. No. 176 of 2016

Learned counsel for the appellant-writ petitioner (hereinafter to be referred to as petitioner) submits that what appears from the impugned order is that the writ petition of the petitioner stood dismissed primarily on the ground of delay in filing the petition for compassionate appointment, which in turn, has frustrated the very object of the compassionate appointment whereas, on facts, when the mother of the petitioner died on 03.08.1999 while working under the respondent-Central Coal Fields Limited (in short, CCL), the petitioner was above the age of 15 years therefore, his case was to be considered under NCWA-VI and he, on 15.12.1999, had moved an application before the respondent-CCL that immediately after attaining majority he would move an application/ representation for compassionate appointment, which exercise was done by him by submitting the requisite forms before the authorities and the same was duly forwarded by the Unit Office, Sarubera Colliery, Kuju, through Reference No.6829 dated 01.02.2003 as averred in the writ application, but till date no decision has been taken by the CCL by rejecting or accepting the said representation and therefore, the case of the petitioner being in consonance with the provisions of NCWA-VI and kept on Live Roster calls for consideration at least and not to be thrown out rightly on the ground of delay and laches at the end of the petitioner.

Learned counsel for the petitioner submits that he would feel satisfied if the respondent -CCL is directed to consider the case of the petitioner on his representation already moved somewhere in the year 2002 and pending before the authorities concerned within a reasonable time, to which counsel for the respondent-CCL has also not raised any objection.

In view of the above, the appeal on hand stands disposed of directing the respondent-CCL to verify all the facts and accord consideration to the application/representation already moved by the petitioner, undoubtedly on the strength of NCWA-VI and pass reasoned order at the earliest, preferably within 8 weeks from the date, a copy of the order is made available to the respondent-CCL, which shall be the responsibility of the petitioner.

Impugned order dated 08.02.2016 of the learned Single Judge is hereby, modified accordingly.