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M. V. MURALIDARAN
Raju Bouri – Appellant
Versus
Eastern Coalfield Ltd. – Respondent
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 representati
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....
The court emphasized that age recorded in official documents should prevail over medical assessments in compassionate appointment cases, requiring a liberal interpretation of the relevant provisions.
The court ruled that age assessment for compassionate appointments must prioritize minimum legal thresholds over midpoint calculations, endorsing a liberal interpretation of beneficial statutes.
The accurate assessment of the petitioner's age and the inapplicability of the circular dated 07.07.1992 were central to the court's decision.
The court emphasized that age for compassionate appointment must be determined by official documents, not medical assessments, to uphold the intent of beneficial legislation.
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