Disposed

Rajmatia Devi v. Central Coalfields Limited through Its Chairman Cum Managing Director

Jharkhand HC20 Jan 2023WPC/569/2022

Case brief

AI extract

What is this about?

The petitioner, widow of a deceased employee, approached the High Court seeking compassionate appointment after her claim was stalled due to intervention by her step-son. The court directed the respondents to dispose of the application within six weeks and communicated the offer if she was entitled to appointment.

What did the court decide?

Respondents directed to dispose of the petitioner's application within six weeks and communicate an offer of appointment if eligible.

Rajmatia Devi Vs Central Coalfields Limited… — Labour and Industrial Disputes | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 569 of 2022

Rajmatia Devi....

Petitioner.

Versus

Central Coalfields Limited (CCL) through its Chairman-cum-Managing Director, Darbhanga House, Ranchi.

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The Director (Personnel), CCL, Darbhanga House, Ranchi.

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The General Manager (P&IR), CCL, Darbhanga House, Ranchi.

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The General Manager, CCL Dhori Area, Bermo, Bokaro.

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The Project Officer, CCL, Tarmi Open Cast Project, Bhandaridah, Chandrapur, Bokaro.

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The Assistant Manager (Personnel) CCL, Tarmi Open Cast Project, Bhandaridah, Chandrapur, Bokaro. Respondents.

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN .

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For the Petitioner(s): Mr. Ratnesh Kumar,, Advocate. For the CCL: Mr. Namit Kumar, Advocate. .

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05/20.01.2023: The petitioner is the widow of late Rambilash Nonia, who was employed in Central Coalfields Limited (CCL) and died in harness on 11.3.2019.

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The petitioner is the second wife of the deceased. It is submitted that the marriage had taken place after the death of the first wife. The respondents have processed the file of the petitioner for grant of compassionate appointment,but the step son of the petitioner intervened, as a result of which, the process of the appointment so far as this petitioner is concerned, was questioned and was stopped. The step-son had also filed a writ petition being WPS No. 2269 of 2021, but according to the parties, the same was dismissed for non-prosecution.

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In the counter affidavit, CCL has taken a stand that they are agreeable for compassionate appointment, which is apparent from paragraph 9 (iii) , which reads as under:-

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“9(iii) That after verification of the required documents, as submitted by the petitioner, the Management of the Respondent Company became agreed to provide employment to Smt. Rajmatia Devi, wife of the deceased employee.”

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It is admitted fact by the respondents that till date no final order has been

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passed in favour of the petitioner nor against the petitioner.

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Counsel for the respondent submits that respondents will take some time to dispose of the application of the petitioner on the basis of circular, norms and law, which is prevalent.

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Considering the aforesaid submission, without entering the into merits of this case, I direct the respondents to dispose of the application of the petitioner within six weeks from the date of receipt of a copy of this order. If it is found that the petitioner is entitled to be appointed on compassionate ground, the offer of appointment should be communicated to the petitioner, immediately.

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Accordingly, this petition stands disposed of .

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(ANANDA SEN, J.)

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Anu/- CP2.

Rajmatia Devi v. Central Coalfields Limited through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

Rajmatia Devi v. Central Coalfields Limited through Its Chairman Cum Managing Director

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

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