Shubhabrata Malakar vs Eastern Coalfields Limited And Ors

Heard Mr. Shrestha Gautam, the learned counsel appearing on behalf of the petitioner and Mr. Rajesh Lala, the learned counsel appearing on behalf of the respondents.

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 on merit.

The petitioner has preferred this writ petition for a direction upon the respondents to consider the case of the petitioner for appointment on compassionate ground and to appoint him along with other consequential benefits the petitioner is entitled for.

Mr. Shrestha Gautam, the learned counsel appearing on behalf of the petitioner submits that the father of the petitioner late Samir Kumar Malakar was appointed on the post of Sr. Store Keeper at Badjna Colliery of Eastern Coalfields Ltd. on 29.12.1980 and his date of superannuation was August, 2022, however, he died in harness on 27.04.2018. He further submits that the mother of the petitioner, namely, Sumita Malakar, also died on 05.03.2002. The deceased employee survived by his son, i.e., the present petitioner long with two sisters of the petitioner and his second wife, namely, Chinta Malakar. Mr. Gautam, the learned counsel for the petitioner by way of advancing his argument further submits that so far as the second wife is concerned, she has got no issue. He submits that in view of the service book, the name of the petitioner is there as the legal heir/successor. The petitioner has filed the representation for appointment but the same has not been considered in terms of the compassionate appointment scheme of NCWA.

Mr. Rajesh Lala, the learned counsel appearing for the respondent-Eastern Coalfields Limited submits that he is willing to file the counter affidavit. He further submits that as the second wife is there and she has got no issue as to whether the second wife is having claim or not, in that view of the matter, instruction is required.

The Court has perused the averments made in the writ petition and has considered the arguments advanced by the learned counsel appearing on behalf of the parties. The Court found specific averment in the writ petition that so far as the second wife is concerned, she has got no issue, thus, there is provision of compassionate appointment under the NCWA. The petitioner's father was working with the respondent -ECL and in that view of the matter, the matter needs to be decided at first by the respondent-ECL.

The petitioner is directed to file the representation along with all the credential on which he is relying before the respondent no.3 within a period of three weeks from today. If such a representation is filed by the petitioner within the aforesaid time before the aforesaid respondent, the respondent no.3 shall consider the case of the petitioner in the light of the NCWA and the rules, regulations and the guidelines prevailing under the ECL and will pass the speaking order within 8 weeks thereafter.

It goes without saying that if a decision is taken in favour of the petitioner, the benefit of the same shall be provided to the petitioner within three weeks thereafter.

With the aforesaid observation and direction, the instant writ petition [W.P. (S) No. 1864 of 2020] stands disposed of.

I.A. if any also stands disposed of.