In a writ petition seeking appointment on compassionate ground under Para 9.5.0 of the National Coal Wage Agreement-VI in place of a deceased father, the High Court held the petition devoid of merit and dismissed it due to genuineness concerns regarding the petitioner's identity and prior employment of his elder brother.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4893 of 2010
Sanju Kumar
... … Petitioner
Versus
CORAM: - HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. O.P. Singh, Advocate For the Respondent-BCCL : Mr. Karan Shahdeo, Advocate
Order No.-06 : Dated 5th July, 2019 Per Sanjay Kumar Dwivedi, J.
Heard Mr. O.P. Singh, the learned counsel appearing for the petitioner and Mr. Karan Shahdeo, the learned counsel appearing for the respondent- M/s Bharat Coking Coal Limited.
2. The petitioner has preferred this writ petition for direction upon the respondents to appoint him on compassionate ground in place of his deceased father under Para 9.5.0 of the National Coal Wage Agreement-VI.
3. The learned counsel appearing for the petitioner submits that his father Babulal Bhuiyan was working in the capacity of Trammer in Jogidih Colliery, who died in harness on 26.03.2004. The petitioner thereafter applied for compassionate appointment under N.C.W.A-VI. The petitioner is the only son of his deceased father and as such, he is entitled for appointment under the N.C.W.A.
4. The learned counsel for the respondent-M/s BCCL submits that the prayer of the petitioner is not genuine as the genuineness/correctness of the identity of the petitioner has been referred to the Vigilance Department of M/s BCCL, wherein it has come that Sanju Kumar and Smt. Kabutari Kamin submitted a number of representations to the effect that the application of Sanju Kumar was not tenable inasmuch as Kabutari Kamin was actually the first wife of late Babulal Bhuiyan and out of the marriage, Sanju Kumar was born,
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who was already provided employment vide appointment letter dated 21/22.03.2001 at Maheshpur Colliery under Govindpur Area of M/s BCCL. The said appointment letter has been annexed as Annexure-A to the counter affidavit. The Vigilance Department of M/s BCCL called a report from the Superintendent of Police, Gaya regarding the genuineness of Sanju Kumar and in the report, it has been mentioned that Sanju Kumar was born out of the first wife of Babulal Bhuiyan. So far as second wife Kaushalya Devi is concerned, no person in the village is aware of the said marriage. It is also reiterated that son of Kabutari Kamin has already been provided employment vide appointment letter dated 21/22.03.2001.
5. As a cumulative effect of the above facts and the arguments advanced by the learned counsel for the respondent-M/s BCCL, no interference is required in the matter. 6. The writ petition being devoid of merit is accordingly dismissed.
(Sanjay Kumar Dwivedi, J.)
Manish
2 issues framed by the court
Whether the prayer for compassionate appointment under Para 9.5.0 of National Coal Wage Agreement-VI deserves interference.
Whether the petitioner has the right to appointment in place of his deceased father.
1 provisions across 1 enactments
Sanju Kumar
M/s Bharat Coking Coal Limited through its Chairman-cumManaging Director, Dhanbad
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court