IMPORTANT POINT
The judgment establishes the importance of considering authenticated documents, extending the benefit of doubt in compassionate appointment cases, and ensuring adherence to the provisions of NCWA 9.3.4.

JUDGMENT :

M.V. Muralidaran, J.

The writ petition has been filed by the petitioner seeking to quash the impugned Memo dated 23/27.7.2018 and to direct the respondents to consider the claim of the petitioner for grant of employment under die-in-harness category.

2. The case of the petitioner is as follows:-

The petitioner’s father Bhajahari Bouri was an employee of Eastern Coalfields Limited, MIC Jhanjra Project Colliery. While in service, his father died on 22.4.2014. In or about May, 2014, the mother of the petitioner submitted an application seeking employment to the petitioner on compassionate ground. By a memo dated 27.6.2014 issued by the General Manager(M)/Agent MIC Jhanira Project Colliery, it was informed that the application seeking grant of suitable employment to the petitioner under die-in-harness category cannot be considered in view of the fact that the petitioner crossed the age limit of 35 years. By a further memo dated 8.7.2014, it was informed that the petitioner has crossed the age of 35 years as per the available record i.e. PS3.

2.1. The petitioner’s date of birth as recorded in various authenticated documents is 7.5.1983. The petitioner has made several representations enclosing the documents and being persuaded upon perusal of such documents, he was subjected to medical examination by a duly constituted Medical Board of the respondent authority. On being examined, the petitioner’s age was assessed in the range of 33-38 years as on 7.10.2015 i.e. 32-36 years as in April, 2014. Thereafter, the Manager (P) of Jhanjra Project Colliery informed the petitioner’s mother by a memo dated 13/14.10.2015 to submit documents as required in the said memo.

2.2. When the petitioner complied with the requirement of the aforesaid memo, a subsequent memo dated 3/4.12.2017 was issued requesting the petitioner to visit the office of the GM (P&IR), ECL on any working day with original copy of Aadhar card for processing the claim for grant of employment. Accordingly, the petitioner visited the office of GM (P&IR), ECL, Jhanjra Project Colliery with original copy of the documents as asked for and the petitioner was given to understand that his claim for grant of employment under die-in-harness category has been recommended by the competent authority.

2.3. While he was anxiously awaiting for appointment letter, a memo dated 10.4.2018 was issued by the Deputy Manager (P), Jhanjra Project Colliery asking the petitioner to appear before the Apex Medical Board. Thereafter, the Agent MIC Jhanjra Project Colliery issued a memo dated 24/27.7.2018 rejecting the claim of the petitioner for grant of employment under die-in-harness category on the ground that the Apex Medical Board has re-assessed his age and arrived at a conclusion that the petitioner is aged 40 to 45 years as on 20.6.2018. Challenging the same, the present writ petition.

3. Respondent No.6/ECL filed affidavit-in-opposition, inter alia, stating that the concerned workman has not declared all the particulars in the Service Excerpt, but he declared all the particulars in supplementary information. On 12.6.2014, the mother of the petitioner submitted an application to provide employment to the petitioner. As per system prevalent in the ECL, one initial medical examination was conducted to find out the physical condition and approximate age of the person concerned. The initial medical examination board has assessed the age of the petitioner as 33 to 38 years as on 7.10.2015.

3.1. It is stated that as per the declaration made by the father of the petitioner in the Provident Fund Records, the age of the petitioner has crossed 35 years of the maximum age limit. Thus, he has crossed the age bar of 35 years on the death of his father. For finalization of the appointment, the petitioner was referred to the Apex Medical Board for medical examination as per the Mines Act. The Apex Medical Board has assessed the age of the petitioner as 40-45 years as on 20.6.2018. This means the age of the pet