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2018 Supreme(Jhk) 2761

APARESH KUMAR SINGH
Ashok Kumar – Appellant
Versus
Bharat Coking Coal Limited Through Its Chairman Cum Managing Director, Dhanbad – Respondent


Advocates Appeared:
Pramod Kumar Choudhary, Adv., Anoop Kr Mehta, Adv., Nikhil Ranjan, Adv.

JUDGMENT

Aparesh Kumar Singh, J. - Heard learned counsel for the petitioner and the respondent Bharat Coking Coal Limited (BCCL), Dhanbad.

2. The order dated 22.07.2015 passed in W.P.(S) No. 1338 of 2013 of which review is being sought reads as under:-

    "Heard learned counsel for the parties.

      The petitioner is seeking compassionate appointment stating that his father went missing on 15.10.1990 while working as General Mazdoor at Moonidih Coal Washery, Dhanbad under the respondentBCCL. The said claim has been declined vide impugned order dated 25.10.2011/11.11.2011, Annexure-2 issued by the Senior Manager (Personnel), Moonidih Coal Washery on the ground that such a claim is to be made within 18 months from the date of death of the employee.

        The petitioner has placed reliance upon the decree passed in Civil Suit No. 57/2007 dated 05.02.2011, Annexure-1 by the Court of Munsif-I, Dhanbd which declared civil death of his father on account of his missing since 15.10.1990.

          Learned counsel for the petitioner submits that only after such declaration, he made an application for compassionate appointment which was well within the time. Therefore, rejection is not proper in the eye of law and on

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