Quashed

Ms.Sanicharia Kumari v. Central Coalfield Limited And an

Jharkhand HC5 May 2017WPC/5767/2009

Case brief

AI extract

What is this about?

The High Court quashed the impugned order rejecting the petitioner's compassionate appointment application due to alleged delay. The Court held that the delay was not on the petitioner's account because of late issuance of death certificate and administrative laches. The case was remanded for reconsideration with a direction to issue appointment within three months.

What did the court decide?

Order dated 15.11.2006 quashed; respondents directed to reconsider case and issue appointment letter within three months if fit.

Ms.Sanicharia Kumari Vs Central Coalfield Limited And an — Property and Title | Jharkhand HC (2017)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P.(S)No.5767 of 2009

¶3

Ms. Sanicharia Kumari. … … ...Petitioner

¶4

-Versus-

¶5

Central Coalfields Limited through its Chairman cum

¶6

Managing Director, Darbhanga House, Ranchi.

¶7

Senior Personnel Manager, Topa Colliery, CCL, Topa, District-Ramgarh. … … ...Respondents.

¶8

CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK

¶9

For the Petitioner: Mr. R.M.Singh, Advocate. Mr. Sidhartha Roy, Advocate. For the Respondents: Mrs. Nitu Sinha, Advocate.

¶10

03/ 05.05.2017 Heard the parties.

¶11

The petitioner has preferred this writ application for quashing of the order dated 15.11.2006 passed by respondent No.2 which was rejected on the ground of delay as the application was filed after one year of the death of the mother of the petitioner.

¶12

FACTUAL MATRIX

¶13

The mother of petitioner late Salgi Devi was a grade IV employee of the Central Coalfields Limited who died in harness on 04.11.2000 when she was employed in Topa Colliery of CCL. It is stated that the father of the petitioner died earlier and mother was only earning member of the family. The mother of the petitioner died leaving behind four daughters and one minor son. At the time of death of her mother, the petitioner was 16 years old and as such she could not be appointed on the ground that she was under age. It has been further stated that after the death of mother elder sister of petitioner one Sukro Devi sworn affidavit before the Notary, Ramgarh contending that she being the eldest daughter of late Salgi Devi and she being married compassionate appointment should be given to the petitioner of which she has no objection. The respondent-CCL rejected the case of the petitioner vide order dated 15.11.2006 and hence this writ application has been preferred.

¶14

Learned Counsel for the petitioner submits that though the petitioner made an application for appointment on compassionate ground on 31.12.2001 itself but the order of rejection has been passed on 15.11.2006 i.e. after long period of five years.

¶15

Learned Counsel further submits that illegally and arbitrarily the respondents have rejected the case on the ground that the application was made after expiry of one year of death of her mother.

¶16

¶17

Learned Counsel further argues that it was only after receiving death certificate which was issued by the S.D.O., Ramgarh on 28.11.2001 she was in a position to apply for compassionate appointment. Learned Counsel further argues that after submission of the application on 31.12.2001 the petitioner had been running from pillar to post but the respondent-authorities without any rhyme and reason were sitting tight over the matter and it was only on 15.01.2006 her case was disposed of after lapse of five years and the delay has not been explained.

¶18

Learned Counsel submits that though the case was rejected on 15.11.2006 but as a matter of fact the said letter was received by the petitioner only in the month of June, 2009 and in view of the fact there is no delay on the part of the petitioner in making the application and whatever delay caused for such application is due to non-availability of the requisite death certificates.

¶19

Learned Counsel streneously submits that the entire family is at the verge of starvation and as such the case of the petitioner needs reconsideration.

¶20

Be that as it may, since the ground for rejection of the case of the petitioner is delay in making the application and that also only after one year of death as alleged by the respondents is not tenable in the eyes of law in view of the fact that death certificate was issued only on 28.11.2001 and the petitioner applied just after two days that cannot be said that it is a case of application made after long delay. The case of the petitioner needs reconsideration and as such I direct the respondents to reconsider the case of petitioner ignoring the delay whatever may be which was caused not only due to the laches on the part of the petitioner but in circumstances explained above.

¶21

As cumulative effect of the aforesaid directions, observations, legal propositions and the judicial pronouncements, I hereby quash the order dated 15.11.2006 contained in Annexure-1 and direct the respondents to reconsider the case of petitioner and after reconsideration if the case of the petitioner is found fit for appointment on compassionate ground, appointment letter to that effect may be issued within a period of three months from the date of receipt of a copy of this order.

¶22

¶23

With the aforesaid observations and directions, this writ petition stands disposed of.

¶24

[Dr.S.N.Pathak,J.]

¶25

P.K.S.

Ms.Sanicharia Kumari v. Central Coalfield Limited And an

Case brief

What is this about?

What did the court decide?

Ms.Sanicharia Kumari v. Central Coalfield Limited And an

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Prem Ful Kumari Vs Central Coalfields Limited Through Its Chairman Cum Managing Director And Ors.

Rekha Devi Vs the Union of India through the Secretary of House Affairs and Ors.

Anima Devi Vs Steel Authority of India Ltd. And

Radhe Manjhi Vs Central Coal Fields Limited And

Kumar Romex Gourav Vs The State Of Jharkhand And Ors.

Avinash Alfred Marandi Vs Personnel And Adminis Reform