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2009 Supreme(Jhk) 223

D.N.PATEL
Ravinder Kumar – Appellant
Versus
Central Coal Filed Limited through its Chairman, Darbhanga House, Ranchi – Respondent


Advocates appeared:
For the Petitioner Mr. Sujit Narayan Prasad For the Respondents M/s. Ritu Kumar, Ravi Kr. Singh Niki Sinha

JUDGMENT

1. This writ petition has been preferred by the petitioner for getting compassionate appointment upon death of his father dated 6.12.2003. Despite an application preferred on 15.09.2004, no appointment has been given by the respondent authorities in pursuance of compassionate appointment policy. The benefit of the compassionate appointment policy has been extended to the legal heirs of the similarly situated employee, who has expired during the course of employment and therefore the present petition has been preferred.

2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that the father of the present petitioner was working with the respondent authority, who has expired in harness on 6.12.2003. The petitioner is son of the deceased employee of the respondent, whose educational qualification is matric fail. He applied on 15.09.2004 but it appears that in proper format this application was not preferred otherwise claim of compassionate appointment was already filed and lodged before the respondent authority.

3. It also appears from the facts of the case that the petitioner is not given compassionate appointment only on



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