Dismissed

Bikramjeet Singh v. Bharat Coking Coal Ltd. And Ors.

Jharkhand HC5 Feb 2020WPC/90/2011

Case brief

AI extract

What is this about?

The High Court refused to decide factual disputes between two petitioners claiming compassionate appointment as heirs of deceased BCCL employees. The Court directed the civil court to determine the legally entitled person via a succession certificate.

What did the court decide?

Disposed of with liberty to petitioners to obtain a succession certificate from the appropriate civil court.

Bikramjeet Singh Vs Bharat Coking Coal Ltd. And Ors. — Service and Employment | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S).No. 90 of 2011

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Bikramjeet Singh … … … ... Petitioner

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Versus -

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Bharat Coking Coal Ltd, Dhanbad through its Chairman-cum-Managing Director.

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The Chief General Manager, Washery, Bharat Coking Coal Ltd., Saraidhela, Dhanbad.

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The Project Officer, Pathardih Coal Washer, Bharat Coking Coal Ltd., Pathardih, Dhanbad.

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… ... …. … Respondents

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with

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W.P.(S).No. 4005 of 2017

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Kawaljeet Kaur … … … ... Petitioner - Versus -

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Bharat Coking Coal Ltd, Dhanbad through its Chairman-cum-Managing Director.

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The Director (Personnel), Bharat Coking Coal Ltd., Dhanbad.

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The General Manager, Patherdih Colliery, Bharat Coking Coal Ltd., Dhanbad.

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The Project Officer, Patherdih Coal Washery, Bharat Coking Cola Ltd., Dhanbad.

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Bikramjeet Singh, son of late Sukhdev Singh.

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… ... …. … Respondents

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

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For the Petitioners : Mr. V.K. Tiwary, Adv. [in WPS No. 90/ 2011] Mr. Prabhash Kumar, Adv. [in WPS No. 4005/ 2017] For the BCCL : Mr. Amit Kumar Sinha, Adv. For the Resp. No. 5 : Mr. V.K. Tiwary, Adv. [in WPS No. 4005/ 2017]

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17/ 05.02.2020 Matter relates to compassionate appointment.

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The petitioner in WPS No. 90 of 2011 claiming himself to be the legal heir

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and son of the deceased employee has brought on record the service excerpts in which his name finds as nominee of the deceased employee, whereas, petitioner in WPS No. 4005 of 2017, though has not brought on record any document but claims herself to be the legally wedded second wife of the deceased employee.

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It has been submitted by Mr. Amit Kumar Sinha, learned counsel appearing

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for the respondent-BCCL that petitioners in both the cases are claiming themselves to the

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legal heirs and seeking compassionate appointment. However, in absence of succession certificate, respondent-BCCL is unable to decide as to whom the compassionate appointment is to be given.

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This Court, sitting under article 226 of the Constitution, shall not decide the disputed questions of facts.

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As such, let this issue be decided by the competent Court of civil

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jurisdiction.

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Accordingly, these writ petitions are disposed of with a liberty to the petitioners to approach before the appropriate forum for obtaining the succession certificate. The respondents shall issue the appointment letter on compassionate ground to the person in whose favour succession certificate is issued, in accordance with law.

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kunal/-

Bikramjeet Singh v. Bharat Coking Coal Ltd. And Ors.

Case brief

What is this about?

What did the court decide?

Bikramjeet Singh v. Bharat Coking Coal Ltd. And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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