IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S). No. 3642 of 2007
Sarmauti Devi ... ... Petitioner
Versus
M/s Bharat Coking Coal Ltd. through its
Chairman-cum-Managing Director,
Dhanbad & Ors. ... ... ... ... Respondents
CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the Petitioner : Mr. Sanjay Prasad, Advocate
For the Respondents : Mr. Ananda Sen, Advocate
03/18.05.2009
Certain dispute is there with regard to the claim and
counter claim for compassionate appointment.
Learned counsel appearing for the petitioner (second
wife of the deceased employee) contends that she got married after
the death of the first wife. However, it is an admitted fact that the
elder son of the petitioner, namely, Rajesh Kumar, had applied for
compassionate appointment but, thereafter, he withdrew the said
application for his compassionate appointment and submitted ‘no
objection’ in favour of his younger brother, namely, Shailesh
Kumar, to be appointed on compassionate ground.
In the facts and circumstances of the case, the
petitioner, if so advised may raise a fresh claim in favour of a
common person, as agreed upon by all the legal heirs of the
deceased employee, annexing therewith “No Objection” from all the
legal heirs, for compassionate appointment, as per Clause 9.4.3. of
the N.C.W.A.
The respondents are, therefore, directed to consider the
same, in accordance with law.
This writ petition is dismissed with the aforesaid liberty.
(Ajit Kumar Sinha, J.)
Manish