High Court Jharkhand High Court

Faguni Devi vs Central Coalfields Limited & O on 6 April, 2010

Jharkhand High Court
Faguni Devi vs Central Coalfields Limited & O on 6 April, 2010
IN THE HIGH COURT OF JHARKHAND AT RANCHI
              W.P.(S) No. 3796 of 2009
Faguni Devi                                    ......Petitioner
                             Versus
Central Coalfields Ltd., Ranchi & ors.         ......Respondents
                          ---------

CORAM: HON’BLE MR. JUSTICE D. N. PATEL

———

For the Petitioner             : M/s Pandey Neeraj Rai & Rohit Ranjan
                                 Sinha, Advocate
For the C.C.L.                : Mr. A.K.Das, Advocate
                          ---------
              th
02/ Dated: 6 April, 2010

1. This matter was taken up today during the first hour and looking to
Annexure 8 to the memo of petition, prima facie, it appeared that there is
some apparent error in the order passed at Annexure 4 to the memo of
petition and, therefore, learned counsel appearing on behalf of the
respondents prayed that the matter may be taken up today in the second
half, so that he may seek instructions from the respondents, in the
meantime.

2. Upon aforesaid request, this matter was against taken up today
during the second half and it is contended by the learned counsel for the
respondents that now a fresh order has been passed today i.e. 6th April,
2010, a photo copy whereof is placed on record and a copy whereof has
been given to the learned counsel for the petitioner. By this order dated 6th
April, 2010, the order, passed at Annexure 4 to the memo of petition, has
been withdrawn and it is submitted by the learned counsel for the
respondents that the respondents will decide the claim of the present
petitioner, treating this writ petition as a representation, within the
stipulated time, given by this Court, in accordance with law.

3. In view of the aforesaid submission, learned counsel for the
petitioner has no objection, but, it is submitted that let a time bound
schedule be given to the respondents to decide the claim of the petitioner
regarding compassionate appointment.

4. In view of the aforesaid submissions and looking to the order, passed
today i.e. 6th April, 2010 and as the order at Annexure 4 to the memo of
petition has been withdrawn, I hereby direct the respondent concerned to
treat this writ petition along with the Annexures as representation and to
2.
decide the claim of the present petitioner for compassionate appointment,
in accordance with law, rules, regulations, policies and the government
enforceable orders, after given an adequate opportunity of being heard to
the petitioner or to her representative, within a period of four weeks from
the date of receipt of a copy of the order of this Court. It is needless to say
that Annexure 8 to the memo of petition, which has been issued by the
respondents themselves, will be considered while dealing with the claim of
the present petitioner.

5. This writ petition is, accordingly, disposed, in view of the aforesaid
directions. Liberty is reserved with the petitioner to move this Court by
way of fresh application, in case of any difficulty.

(D.N. Patel, J)
A.K.Verma/