The court established that in cases of compassionate appointments, the assessment of the applicant's age should consider the lower range and that the appellants cannot adopt a pick and choose policy in providing appointments.

JUDGMENT

SUJIT NARAYAN PRASAD, J.

I.A. No.260 of 2022

This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 58 days in preferring this Letters Patent Appeal.

2. Heard.

3. No counter affidavit has been filed opposing the prayer for condoning the delay.

4. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.

5. Accordingly, I.A.No.260 of 2022 is allowed and delay of 58 days in preferring the appeal is condoned.

L.P.A. No.372 of 2021

6. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 02.09.2021 passed by the learned Single Judge of this Court in W.P.(S) No.6879 of 2017, whereby and whereunder, the order as contained in letter dated 28.11.2015 passed by the respondent-CCL, rejecting the claim of the writ petitioner for appointment on compassionate ground, has been quashed and set aside with a direction to consider the case of the writ petitioner for appointment on compassionate ground and if there is no other legal impediment, issue letter of appointment to the writ petitioner, preferably within the stipulated period.

7. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

The mother of the writ petitioner, namely, Niraso Devi was working as General Mazdoor, Category-I under the respondent no.4 and was declared medically unfit and directed to be retired on account of medical unfitness vide letter dated 14.07.2014. Upon receipt of the said letter, the mother of the writ petitioner made an application on 25.07.2014 before the respondent no.4 praying therein for appointment of his son (writ petitioner) on compassionate ground under the provisions of Clause-9.4.0 of National Coal Wage Agreement (hereinafter referred to as ‘N.C.W.A.). The respondent CCL has forwarded the proposal of the writ petitioner’s claim for compassionate appointment to the Staff Officer (Personnel), Barkasayal Area, vide letter dated 28.01.2015, clearly mentioning therein that as per Form-F, the writ petitioner’s age on the date of application was more than 33 years. However, in place of offering appointment to the writ petitioner on compassionate ground, he was called upon to appear before the Medical Board for assessment of his age. Thereafter, vide letter as contained in memo no.1517 dated 28.11.2015, it was informed to the writ petitioner that his age has been assessed as 37½ years as on 23.09.2015 by the Medical Board and accordingly, he was more than 35 years of age as on 25.07.2014, the date of application and hence, his case for compassionate appointment has been rejected.

Aggrieved thereof, the writ petitioner has approached to this Court by filing the writ petition being W.P.(S) No.6879 of 2017 by taking the plea that the age of the writ petitioner has mechanically been assessed and even the medical report has not been given to the writ petitioner.

It has been submitted that after receipt of letter dated 28.11.2015, by which, the claim for compassionate appointment has been rejected, the writ petitioner made a representation on 30.11.2016 before the Civil Surgeon-Cum-Chief Medical Officer, Ramgarh for his age assessment and vide letter dated 19.12.2016, the said Civil Surgeon-Cum-Chief Medical Officer, Ramgarh forwarded the request of the writ petitioner to the Superintendent, RIMS, Ranchi for assessment of age of the writ petitioner. Upon receipt of the said letter, the Superintendent, RIMS assessed the age of the writ petitioner and vide letter dated 25.01.2017 informed the Civil Surgeon-Cum-Chief Medical Officer, Ramgarh that the age of the writ petitioner is more than 20 years and accordingly, the Civil Surgeon-Cum-Chief Medical Officer, Ramgarh issued a certificate dated 15.03.2017 to the writ petitioner mentioning his age to