Disposed¶20

Brajesh Kumar Paswan v. the M/S Bharat Coking Coal Ltd.

Jharkhand HC13 Aug 2024WPC/104/2020

Case brief

AI extract

What is this about?

Compassionate appointment; death during the harness (death in harness); employee missing/presumed dead, civil-court decree 'deemed to be dead for all the purposes'; BCCL / Bharat Coking Coal Limited; Kusunda Colliery; Dumper Operator appointed 21.08.1986; rejection letter No.23 dated 15/20.01.2014 (Annexure-4); undecided application dated 23.06.2018; direction to pass reasoned order; writ disposed of; pending I.A. disposed; Jharkhand High Court at Ranchi; Ambuj Nath, J.; advocates Manoj Kumar Ram and Anoop Kumar Mehta; Original Suit No. 55/2016, decree dated 28.03.2018.

What did the court decide?

Direction to the respondents to pass a reasoned order on the petitioner's application for compassionate appointment against the death of his father; pending I.A., if any, also disposed of. ¶20

Brajesh Kumar Paswan Vs the M/S Bharat Coking Coal Ltd. — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to pass a reasoned order on the petitioner's application for compassionate appointment against the death of his father; pending I.A., if any, also disposed of.

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Issue for consideration

Whether the respondents should be directed to appoint the petitioner on compassionate ground for the death of his father during the harness, and whether the rejection communicated by letter No.23 dated 15/20.01.2014 (Annexure-4) should be quashed. +1 more

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Court's answer

This Court disposed of the writ application, directing the respondents to pass a reasoned order on the petitioner's application for compassionate appointment arising out of the death of his father; it did not grant the appointment itself nor quash the rejection letter.

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Ratio / Principle

Pending I.A., if any, also stands disposed of.

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Detailed headnote1 paragraphs

HIGH COURT OF JHARKHAND AT RANCHI | W.P.(S) No. 104 of 2020 | Decided 13.08.2024 | Coram: Ambuj Nath, J. Petitioner Brajesh Kumar Paswan sought a necessary direction to the respondents (M/s Bharat Coking Coal Limited and its officers) to appoint him on compassionate ground and to quash letter No.23 dated 15/20.01.2014 (Annexure-4), by which his prayer for compassionate appointment on the ground of the death of his father during the harness had been rejected. His father, Umesh Paswan, appointed 21.08.1986 as Dumper Operator, had been missing from 23.11.2008; his mother's Original Suit No. 55/2016 before the Additional Civil Judge (Jr. Div.)-V, Dhanbad was decreed on 28.03.2018, declaring Umesh Paswan deemed to be dead for all purposes; the petitioner's subsequent application dated 23.06.2018 drew no decision from the respondents. Respondents' counsel submitted that a decision on the application would be taken within two months. The Court DISPOSED OF the writ application, directing the respondents to pass a reasoned order on the petitioner's compassionate-appointment application against the death of his father, and likewise disposed of pending I.A., if any. The Court did not itself grant the appointment nor quash the rejection letter.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 104 of 2020

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-------

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Brajesh Kumar Paswan, Son of Late Umesh Paswan, Resident of Bright Kusunda, P.O & P.S Dhansar, District Dhanbad, Jharkhand.

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…... …. Petitioner(s)

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Versus

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M/s Bharat Coking Coal Limited, having its head office at Koyala Bhawan, P.O. & P.S. Koyla Nagar, Dhanbad.

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The Chairman-cum-Managing Director, M/s BCCL, Dhanbad, P.O.-Koyla Nagar, P.S.-Koyla Bhawan, District Dhanbad, Jharkhand. 3. The Director/Personnel, Koyla Nagar, Koyla Bhawan, P.O & P.S. B.C.C.L. Town Ship, District-Dhanbad, Jharkhand.

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The General Manager, K.O.C.P., Kusunda Colliery of M/s. B.C.C.L., P.O Kusunda, P.S. Kenduadih, District Dhanbad, Jharkhand.

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The Project Officer/Agent Kusunda Colliery of M/s B.C.C.L., P.O Dhansar, P.S Dhansar, District Dhanbad, Jharkhand.

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.…. …. Respondent(s) --------

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CORAM : HON’BLE MR. JUSTICE AMBUJ NATH

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-------For the Petitioner : Mr. Manoj Kumar Ram, Advocate For the Respondents : Mr. Anoop Kumar Mehta, Advocate

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13/ Dated 13.08.2024

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Petitioner has filed this writ application for issuance of necessary direction to the respondents to appoint him on compassionate ground by quashing of letter No.23 dated 15/20.01.2014 (Annexure-4) by which the prayer for his compassionate appointment on the ground of death of his father during the harness, was rejected.

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The father of the petitioner namely Umesh Paswan was appointed on 21.08.1986 as Dumper Operator and he went missing from 23.11.2008 and thereafter, he is traceless.

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The mother of the petitioner had filed Original Suit in the Court of learned Additional Civil Judge (Jr. Div.)-V, Dhanbad vide Original Suit No. 55/2016 for declaration with regard to the death of Umesh Paswan, who has not been heard for more than seven years. Vide the Judgment and Decree dated 28.03.2018, aforesaid suit was decreed and it was declared that Umesh Paswan will be deemed to be dead for all the purposes. After this judgment and decree, the petitioner had applied for his appointment on compassionate ground on 23.06.2018, but no decision has been taken on his application by the respondents.

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Mr. Anoop Kumar Mehta, learned counsel for the respondents has submitted that the decision on the application of the petitioner will be taken within two months.

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In the light of the submissions made above, this writ application stands disposed of with the direction to the respondents to pass reasoned order on the application of the petitioner for his compassionate appointment against the death of his father.

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Pending I.A., if any, also stands disposed of.

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(Ambuj Nath, J.)

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B.S/-

Brajesh Kumar Paswan v. the M/S Bharat Coking Coal Ltd.

Case brief

What is this about?

What did the court decide?

Brajesh Kumar Paswan v. the M/S Bharat Coking Coal Ltd.

Case brief

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What did the court decide?

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What the court decided

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