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RAVI RANJAN, SUJIT NARAYAN PRASAD
Ganesh Kumar, S/o. Late Brij Lal – Appellant
Versus
Central Coalfields Limited – Respondent
JUDGMENT :
The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 26.11.2020 passed by the learned Single Judge of this Court in W.P.(S) No.7727 of 2017, whereby and whereunder, the writ Court has refused to interfere with the decision of the Administrative Authority as contained in letter no.1487 dated 08.06.2017, by which, the case of the writ petitioner for appointment on compassionate ground has been rejected.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-
It is the case of the writ petitioner that his father was appointed on 01.12.1975 with the respondent CCL and he was working in Bhurkunda Colliery. In the service excerpt issued in favour of the writ petitioner’s father, the age of the writ petitioner was wrongly mentioned as 11 years as on 01.04.1987. The writ petitioner has produced the various documents showing his date of birth as 26.07.1985. The father of the writ petitioner died in harness on 19.02.2015. The writ petitioner
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 ruled that age assessment for compassionate appointments must prioritize minimum legal thresholds over midpoint calculations, endorsing a liberal interpretation of beneficial statutes.
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 ....
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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