Sudhir Ram Alias Sudhir Kumar Vs. Central Coal Fields Ltd Through Its Chairman Cum Managing Director and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/70908
CourtJharkhand High Court
Decided OnMay-20-2016
AppellantSudhir Ram Alias Sudhir Kumar
RespondentCentral Coal Fields Ltd Through Its Chairman Cum Managing Director and Ors
Excerpt:
in the high court of jharkhand at ranchi w.p. (s) no. 4485 of 2014 sudhir ram @ sudhir kumar, son of late bindeshwar mochi, resident of village lotowa, p.o. khunti, p.s. lesliganj, district palamau (jharkhand), presently residing at jharkhand 15 no. colony, p.o. rahawan, p.s. mandu, district ramgarh (jharkhand. . .. ... petitioner. versus 1. central coal fields ltd. through its chairman-cum-managing director, darbhanga house, p.o. g.p.o., p.s. kotwali, district ranchi.2. director personnel, central coal fields limited, darbhanga house, p.o. g.p.o., p.s. kotwali, district ranchi.3. general manager (p & i.r.), central coal fields ltd., darbhanga house, p.o. g.p.o., p.s. kotwali, district ranchi.4. the general manager, central coal fields ltd., hazaribagh area, at & p.o. charhi, p.s. sadar, district hazaribagh.5. the project officer, jharkhand open cast project, central coal fields ltd., at & p.o. jharkhand, p.s. mandu, district ramgarh.6. the personnel manager, jharkhand open cast project, central coal fields ltd., at & p.o. jharkhand, p.s. mandu, district ramgarh.7. the welfare officer, jharkhand open cast project, central coal fields ltd., at & p.o. jharkhand, p.s. mandu, district ramgarh .. ... ... ... ...respondents. . ------ coram : hon'ble mr. justice ananda sen, ------ for the petitioner :m/s deen bandhu, om prakash prasad & abhijeet kumar singh, advocate. for the c.c.l :mr. a.k. das, advocate. …...... 03 /20.05.2016: learned counsel for the central coalfields ltd. is permitted to file counter affidavit in the court and the same is accepted. the petitioner, namely, sudhir ram @ sudhir kumar, has filed this writ application challenging the order dated 23.02.2013, by which his application for compassionate appointment has been rejected by the central coalfields ltd. on the ground that the claim is belated one. the father of the petitioner, namely, bindeshwar mochi was an employee of central coalfields ltd. he was a pump khalasi in the jharkhand open cast project, hazaribagh of central coalfields ltd. bindeshwar mochi while in service died on 18.01.1995. the petitioner is the eldest son of late bindeshwar mochi. the petitioner's date of birth being 10.04.1979, was minor at the time of death of his father. though he was a minor, but he was more than 15 years of age and, as such, was liable to be kept in the live roster to be considered for appointment on attaining -2- majority. the mother of the petitioner informed and prayed vide letter dated 12.04.1995 to keep the name of the petitioner in live roster and to offer employment when he attains majority. the existence of this letter was disputed by the central coalfields ltd. just before attaining the majority, on 16.02.1997 an application seeking compassionate appointment as per n.c.w.a. was filed by the petitioner before central coalfields ltd. the said application was in proper format. this application for compassionate appointment was considered by the central coalfields ltd. and ultimately vide order dated 23.02. 2013 dismissed the claim of the petitioner on the ground that the application has been filed after more than 1½ years from the date of death of his father, thus the claim is time barred. this rejection gave rise to the instant writ application. central coalfields ltd. has filed their counter affidavit. they have admitted that the father of this petitioner died on 18.01.1995. they also admitted that the petitioner is the son of the deceased as his name appears in the service excerpt of the employee. they also admitted that the application for compassionate appointment was filed on 16.02.1997 and has brought the said application on record. it is not disputed that the application is in proper format. the age of the petitioner is also not disputed by the central coalfields ltd., which means that the petitioner was a minor though more than 15 years of age at the time of death of his father i.e. on 18.01.1995. the bone of dispute between the parties is that this application has been filed after more than 1 ½ years from the date of death of his father. that being so, the claim is time barred. national coal wage agreement (n.c.w.a.) provides keeping a minor dependent of more than 15 years of age, in a live roster on the death of employee, for offering appointment when the said minor attains the majority. it is admitted case that the petitioner was minor and was above 15 years of age at the time of death of his father. thus, as per clause 9.5.0 (iii), the petitioner was entitled to be kept on live roster and only on attaining majority the central coalfields ltd. was duty bound to offer him employment. counsel for the central coalfields ltd. submits that since the application seeking compassionate appointment was filed only on -3- 16.02.1997 i.e. more than 1½ years after the death of his father, the same could not have been considered. i find no force in the said arguments.the petitioner being a minor on the date of death of his father could not have applied seeking compassionate appointment. he, at best, could have requested the authorities of the central coalfields ltd. to keep him in the live roster. though, application to that effect was filed by the mother of the petitioner, but existence of the same is being disputed by the central coalfields ltd.. even if the said document is disputed, the application dated 16.02.1997 is not disputed by the central coalfields ltd. this application dated 16.02.1997 was also filed when this petitioner was a minor.. there is no limitation to intimate to the management by a minor to keep him in live roster. this information can be given at any point of time even a day before the claimant attains majority. in the facts of the case , i find that the application was filed before attaining majority. since on the date of application the petitioner did not attain majority, the central coalfields ltd. should have kept him in the live roster and offered him appointment after he attained majority. this being not done by the central coalfields ltd., they have committed a gross illegality. the central coalfields ltd. on 23.02.2013 dismissed the claim of the petitioner on the ground 'it is time barred'. the reasons arrived at by the central coalfields ltd. is also bad for the simple reason that even if the petitioner could have applied within 1½ years from the date of death of his father, the central coalfields ltd. could not have appointed him, since on that date also, he was a minor. it is only after 10.04.1997 (the date when the petitioner attained majority), the central coalfields ltd. could have offered a letter of appointment to him. since admittedly the application of the petitioner is dated 16.02.1997 i.e. before the date he attained majority, his application could not have been thrown out on the ground that this is a belated one . thus, the impugned order is absolutely bad and is liable to be set aside. on the aforementioned facts of the case and observation made above, the order dated 23.02.2013 contained in annexure-8 to the writ application, whereby the application of the petitioner for compassionate appointment has been rejected is set aside. the matter is remanded back to the -4- respondent no.5, the project officer, jharkhand open cast project, central coal fields ltd. to consider the case of the petitioner on merits within a period of three months from the date of receipt/ production of a copy of this order. if the authority finds on merit that the petitioner is entitled to get compassionate appointment, necessary appointment letter should be issued within one month thereafter. before parting with this, it is necessary to highlight the fact that as per central coal fields ltd., the application for compassionate appointment was filed on 16.02.1997. the central coal fields ltd. sat over the matter and ultimately rejected the claim of the petitioner on 23.02.2013 i.e. after more than 16 years. this shows gross negligence on the part of the central coal fields ltd. the authorities of the central coal fields ltd. should take proper care so that application for compassionate appointment is disposed of within a period of six months and not more than that. in view of this gross negligence on the part of the central coal fields ltd. authorities, a cost of rs. 50,000/- (rupees fifty thousand) is imposed upon the central coal fields ltd. to be paid to the petitioner within a month. this writ application is disposed of with the aforesaid observations and directions. let a copy of this order be communicated to the central coal fields ltd. ( ananda sen , j) sharma/-
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4485 of 2014 Sudhir Ram @ Sudhir Kumar, son of late Bindeshwar Mochi, resident of village Lotowa, P.O. Khunti, P.S. Lesliganj, District Palamau (Jharkhand), presently residing at Jharkhand 15 No. Colony, P.O. Rahawan, P.S. Mandu, District Ramgarh (Jharkhand. . .. ... Petitioner. Versus 1. Central Coal Fields Ltd. through its Chairman-cum-Managing Director, Darbhanga House, P.O. G.P.O., P.S. Kotwali, District Ranchi.

2. Director Personnel, Central Coal Fields Limited, Darbhanga House, P.O. G.P.O., P.S. Kotwali, District Ranchi.

3. General Manager (P & I.R.), Central Coal Fields Ltd., Darbhanga House, P.O. G.P.O., P.S. Kotwali, District Ranchi.

4. The General Manager, Central Coal Fields Ltd., Hazaribagh Area, At & P.O. Charhi, P.S. Sadar, District Hazaribagh.

5. The Project Officer, Jharkhand Open Cast Project, Central Coal Fields Ltd., At & P.O. Jharkhand, P.S. Mandu, District Ramgarh.

6. The Personnel Manager, Jharkhand Open Cast Project, Central Coal Fields Ltd., At & P.O. Jharkhand, P.S. Mandu, District Ramgarh.

7. The Welfare Officer, Jharkhand Open Cast Project, Central Coal Fields Ltd., At & P.O. Jharkhand, P.S. Mandu, District Ramgarh .. ... ... ... ...Respondents. . ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN, ------ For the Petitioner :M/s Deen Bandhu, Om Prakash Prasad & Abhijeet Kumar Singh, Advocate. For the C.C.L :Mr. A.K. Das, Advocate. …...... 03 /20.05.2016: Learned counsel for the Central Coalfields Ltd. is permitted to file counter affidavit in the Court and the same is accepted. The petitioner, namely, Sudhir Ram @ Sudhir Kumar, has filed this writ application challenging the order dated 23.02.2013, by which his application for compassionate appointment has been rejected by the Central Coalfields Ltd. on the ground that the claim is belated one. The father of the petitioner, namely, Bindeshwar Mochi was an employee of Central Coalfields Ltd. He was a Pump Khalasi in the Jharkhand Open Cast Project, Hazaribagh of Central Coalfields Ltd. Bindeshwar Mochi while in service died on 18.01.1995. The petitioner is the eldest son of late Bindeshwar Mochi. The petitioner's date of birth being 10.04.1979, was minor at the time of death of his father. Though he was a minor, but he was more than 15 years of age and, as such, was liable to be kept in the live roster to be considered for appointment on attaining -2- majority. The mother of the petitioner informed and prayed vide letter dated 12.04.1995 to keep the name of the petitioner in live roster and to offer employment when he attains majority. The existence of this letter was disputed by the Central Coalfields Ltd. Just before attaining the majority, on 16.02.1997 an application seeking compassionate appointment as per N.C.W.A. was filed by the petitioner before Central Coalfields Ltd. The said application was in proper format. This application for compassionate appointment was considered by the Central Coalfields Ltd. and ultimately vide order dated 23.02. 2013 dismissed the claim of the petitioner on the ground that the application has been filed after more than 1½ years from the date of death of his father, thus the claim is time barred. This rejection gave rise to the instant writ application. Central Coalfields Ltd. has filed their counter affidavit. They have admitted that the father of this petitioner died on 18.01.1995. They also admitted that the petitioner is the son of the deceased as his name appears in the service excerpt of the employee. They also admitted that the application for compassionate appointment was filed on 16.02.1997 and has brought the said application on record. It is not disputed that the application is in proper format. The age of the petitioner is also not disputed by the Central Coalfields Ltd., which means that the petitioner was a minor though more than 15 years of age at the time of death of his father i.e. on 18.01.1995. The bone of dispute between the parties is that this application has been filed after more than 1 ½ years from the date of death of his father. That being so, the claim is time barred. National Coal Wage Agreement (N.C.W.A.) provides keeping a minor dependent of more than 15 years of age, in a live roster on the death of employee, for offering appointment when the said minor attains the majority. It is admitted case that the petitioner was minor and was above 15 years of age at the time of death of his father. Thus, as per Clause 9.5.0 (iii), the petitioner was entitled to be kept on live roster and only on attaining majority the Central Coalfields Ltd. was duty bound to offer him employment. Counsel for the Central Coalfields Ltd. Submits that since the application seeking compassionate appointment was filed only on -3- 16.02.1997 i.e. more than 1½ years after the death of his father, the same could not have been considered. I find no force in the said arguments.The petitioner being a minor on the date of death of his father could not have applied seeking compassionate appointment. He, at best, could have requested the authorities of the Central Coalfields Ltd. to keep him in the live roster. Though, application to that effect was filed by the mother of the petitioner, but existence of the same is being disputed by the Central Coalfields Ltd.. Even if the said document is disputed, the application dated 16.02.1997 is not disputed by the Central Coalfields Ltd. This application dated 16.02.1997 was also filed when this petitioner was a minor.. There is no limitation to intimate to the management by a minor to keep him in live roster. This information can be given at any point of time even a day before the claimant attains majority. In the facts of the case , I find that the application was filed before attaining majority. Since on the date of application the petitioner did not attain majority, the Central Coalfields Ltd. should have kept him in the live roster and offered him appointment after he attained majority. This being not done by the Central Coalfields Ltd., they have committed a gross illegality. The Central Coalfields Ltd. on 23.02.2013 dismissed the claim of the petitioner on the ground 'it is time barred'. The reasons arrived at by the Central Coalfields Ltd. is also bad for the simple reason that even if the petitioner could have applied within 1½ years from the date of death of his father, the Central Coalfields Ltd. could not have appointed him, since on that date also, he was a minor. It is only after 10.04.1997 (the date when the petitioner attained majority), the Central Coalfields Ltd. could have offered a letter of appointment to him. Since admittedly the application of the petitioner is dated 16.02.1997 i.e. before the date he attained majority, his application could not have been thrown out on the ground that this is a belated one . Thus, the impugned order is absolutely bad and is liable to be set aside. On the aforementioned facts of the case and observation made above, the order dated 23.02.2013 contained in Annexure-8 to the writ application, whereby the application of the petitioner for compassionate appointment has been rejected is set aside. The matter is remanded back to the -4- respondent no.5, the Project Officer, Jharkhand Open Cast Project, Central Coal Fields Ltd. to consider the case of the petitioner on merits within a period of three months from the date of receipt/ production of a copy of this order. If the authority finds on merit that the petitioner is entitled to get compassionate appointment, necessary appointment letter should be issued within one month thereafter. Before parting with this, it is necessary to highlight the fact that as per Central Coal Fields Ltd., the application for compassionate appointment was filed on 16.02.1997. The Central Coal Fields Ltd. sat over the matter and ultimately rejected the claim of the petitioner on 23.02.2013 i.e. after more than 16 years. This shows gross negligence on the part of the Central Coal Fields Ltd. The authorities of the Central Coal Fields Ltd. should take proper care so that application for compassionate appointment is disposed of within a period of six months and not more than that. In view of this gross negligence on the part of the Central Coal Fields Ltd. authorities, a cost of Rs. 50,000/- (Rupees Fifty Thousand) is imposed upon the Central Coal Fields Ltd. to be paid to the petitioner within a month. This writ application is disposed of with the aforesaid observations and directions. Let a copy of this order be communicated to the Central Coal Fields Ltd. ( ANANDA SEN , J) Sharma/-