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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Umesh Turi S/o Late Sanicharwa – Appellant
Versus
Central Coalfields Limited – Respondent
JUDGMENT :
I.A. No. 1672 of 2024:
1. The instant interlocutory application has been filed for condonation of delay of 35 days.
2. The reason of delay has been assigned as paragraph 4 in the interlocutory application.
3. The appearance has been made on behalf of CCL, however, no objection to the delay condonation application has been filed but learned counsel appearing for the respondent CCL has made opposition to the condoning of delay.
4. This Court heard learned counsel for the parties and perused the delay condonation application, wherein at paragraph 4 the reason has been assigned that after the demise of the father of the petitioner, the entire family members was in financial constrains and as such could not be able to contact the counsel to assail the impugned order within stipulated time.
5. The case is with respect to the denial of the claim of the petitioner which is the dependent of the deceased employee and as such this Court is of the view that the reason as referred at paragraph 4 is considered to be sufficient cause to condone the delay, so as to decide the matter on merit. Accordingly, the delay condoning application is hereby allowed and delay of 35 days in filing the ins
The court emphasized that age for compassionate appointment must be determined by official documents, not medical assessments, to uphold the intent of beneficial legislation.
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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