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RAJESH SHANKAR
Ravi Kumar – Appellant
Versus
Bharat Coking Coal Ltd. represented through its Chairman-cum-Managing Director – Respondent
ORDER :
Rajesh Shankar, J.
1. The present writ petition has been preferred for quashing letter no. P.B.P.C/Personnel/2020/95 dated 14/25.05.2020 issued by the Manager (Personnel), Putki Balihari Project Colliery, whereby the petitioner has been informed that further process for his employment on compassionate ground cannot be continued, since his age has been assessed by the Apex Medical Board, Koyla Nagar Hospital, Dhanbad as 37½ years, whereas the maximum age limit for employment has been fixed as 35 years.
2. Learned counsel for the petitioner submits that the father of the petitioner, namely, Radhey Singh (hereinafter referred as the deceased employee) was initially appointed in the service on 19.02.1987 at Bhagabandh Colliery of M/s B.C.C.L as a “Miner Loader” and in course of time he was transferred to Putki Balihari Project Colliery where he was working as “Tyndal”.
3. It is further submitted that the age of the petitioner was mentioned in the service excerpts of his father as 01.01.1987 and the respondents never raised any objection to the said entry till his life time. His father died in harness on 05.08.2018 and the petitioner submitted application before the Deputy General M
The court emphasized that age recorded in official documents should prevail over medical assessments in compassionate appointment cases, requiring a liberal interpretation of the relevant provisions.
The judgment establishes the importance of considering authenticated documents, extending the benefit of doubt in compassionate appointment cases, and ensuring adherence to the provisions of NCWA 9.3....
The estimation of age by medical assessment is not definitive; relevant documents asserting a younger age must be favorably considered in compassionate appointment applications.
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 accurate assessment of the petitioner's age and the inapplicability of the circular dated 07.07.1992 were central to the court's decision.
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