Radha Kant Upadhayay Vs. Bharat Coking Coal Limited Through Its Chairman Cum Managing Director and ors - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCH W. P. ( S) No. 623 of 2013 Radha Kant Upadhayay...................... Petitioners. -Versus- Bharat Coking Coal Limited & others..Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioners : Mr. Arvind Kumar Mehta, Adv. For the Respondents : Mr. Ananda Sen, Adv. ---- 06/21.8.2013 Heard learned counsel for the parties. This writ petition has been preferred for seeking compassionate appointment on the death of his father as Lamp Fitter in harness on 17th September, 1997. He also seeks direction upon the respondents to pay death-cum-retiral dues with interest. From the averments made in the writ application itself and upon hearing learned counsel for the parties, it is apparent that the date of birth of the petitioner recorded as per Annexure-5 is 7th March, 1985 and at the time of death of his father his age was 12 years approximately, Though he claims to have attained majority in the year 2003 reckoning his age from his proclaimed death of birth the writ petition has been preferred in 2013 for claiming compassionate appointment. Basis for such delay in moving this Court is being justified on certain representations preferred by the petitioner from time to time vide Annexure-6 Series from 2004 onwards till 2010. In the circumstances, though the petitioner claims to have relied upon the conditions of National Coal Wage Agreement under which a dependent male of deceased employee is to be kept on a live roster, but even after attaining majority in the year 2003, he himself has sat over the matter since then for seeking compassionate appointment. In view of the settled law laid down by Hon'ble Supreme Court and reiterated from time to time, at this belated stage, such a prayer for appointment on compassionate ground cannot be entertained. The compassionate appointment is meant to provide immediate benefit to the dependent of the deceased in order to avoid destitution and penury. The petitioner has also not been able to show that post retirement dues which have been paid to him, are still outstanding. In such circumstances, if the petitioner has any subsisting claim for any death-cum-retiral dues, he is at liberty to prefer a representation for redressal of the same which may be considered in accordance with law 2. within 12 weeks. However, no relief can be granted to the petitioner so far as his claim for compassionate appointment is concerned. Accordingly, the writ application is disposed of in the aforesaid term. (Aparesh Kumar Singh, J) jk