Upendra Chouhan and anr. Vs. Central Coalfields Ltd. Through Its Chairman-cum-managing Director and ors. - Court Judgment

Excerpt:

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....rikhia chouhan). the petitioner no. 1 initially applied for his appointment being the son-in-law of the deceased after about one year from the date of death of rikhia chouhar. it was rejected on llth october 2000. thereafter, the application preferred on behalf of petitioner no. 2 for her compassionate appointment was also rejected on 10.2.2003.3. there is nothing on record to suggest that the petitioner no. 1 was dependant of late rikhia chouhan i.e., he was gharjamai of late rikhai chouhan. so far as petitioner no. 2 is concerned, admittedly she had not applied for compassionate appointment in time.4. in the facts and circumstances, no relief can be granted to the petitioners. this writ petition is dismissed.

Judgment:

ORDER

S.J. Mukhopadhaya, A.C.J.

1. This application has been preferred by petitioners against the order dated 11th October, 2000 issued by the Personal Manager. Dakra Colliery of M/s. Central Coallields Limited, whereby and whereunder, the application for compassionate appointment of the petitioners has been rejected. They have ^so challenged the order dated 11.6.2003 issued by the Personal Manager (Manpower) of M/s. Central Coalfields Ltd., whereby and whereunder, the application preferred by petitioner No, 2 for compassionate appointment has also been rejected.

2. According to petitioners, one (late Rikhia Chouhan) was an employee of M/s. Central Coalfields Ltd. in its N.K. Area, Dakra. She died in harness on 2.5.1998. The petitioner No, 1 is the son-in-law and petitioner No, 2 is the daughter of said (late Rikhia Chouhan). The petitioner No. 1 initially applied for his appointment being the son-in-law of the deceased after about one year from the date of death of Rikhia Chouhar. It was rejected on llth October 2000. Thereafter, the application preferred on behalf of petitioner No. 2 for her compassionate appointment was also rejected on 10.2.2003.

3. There is nothing on record to suggest that the petitioner No. 1 was dependant of late Rikhia Chouhan i.e., he was gharjamai of late Rikhai Chouhan. So far as petitioner No. 2 is concerned, admittedly she had not applied for compassionate appointment in time.

4. In the facts and circumstances, no relief can be granted to the petitioners. This writ petition is dismissed.