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2017 Supreme(Jhk) 2093

SHREE CHANDRASHEKHAR
Vijay Kumar – Appellant
Versus
Central Coalfields Limited – Respondent


Advocates Appeared:
Mr. Manoj Tandon and Mr. Ranesh Anand, Advocates, for the Petitioner; Mr. Bhaiya Vishwajeet Kumar, Advocate, for the Respondent CCL

JUDGMENT

Chandrashekhar, J. - Petitioner''s claim for compassionate appointment has been regretted on the ground that on the date of submission of application, he had crossed the age of 35 years which is the maximum age provided for employment under the respondent M/s Central Coalfields Limited. In the present proceeding, the petitioner has challenged communication dated 14.09.2015 and the consequential order dated 08.12.2016 declining compassionate appointment to him.

2. The issue involved in this writ petition is, whether date of birth recorded in the Matriculation or other equivalent examinations would take precedence over the age of a claimant recorded in the service excerpt and/or age determination by the Medical Board?

3. Petitioner''s father, who was a Wagon Loader at Barka Sayal Area, died on 18.06.2014. Petitioner''s mother submitted an application on 03.07.2014 for compassionate appointment to the petitioner. The petitioner claims that he has also submitted another application on 03.09.2015. He was medically examined for age assessment and he was found aged about 3540. His age was assessed by the Medical Board on 15.09.2016. The respondents have pleaded that age of the pet

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