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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Kantu Kumar Thakur, son of Late Shiv Narayan – Appellant
Versus
Central Mine Planning & Design Institute Ltd. – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.:
1. The instant appeal is under Clause 10 of the Letters Patent against the order dated 26.06.2024 passed by the learned Single Judge of this Court in writ petition being W.P.(S) No. 3378 of 2023, whereby and whereunder the learned Single Judge while dismissing the writ petition has declined to interfere with the decision taken by the respondent-CCL by which the claim of compassionate appointment of petitioner/appellant has been rejected on the ground that the appellant has crossed the maximum age of 35 years on the basis of the assessment made by the Medical Board.
Factual Matrix
2. The brief facts of the case as per the pleading made in the petition and in the memo of appeal needs to be refer herein which reads as under:
The petitioner has claimed appointment on compassionate ground after demise of his father, who was working as CAT-II Drill Helper under respondent CCL. His father died in harness on 25.03.2020.
The petitioner being legal heir and son of the deceased employee had applied for appointment on compassionate ground under the provision of National Coal Wage Agreement on 12.11.2020.
After due consideration, the respondents have rejected the c
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 emphasized that age for compassionate appointment must be determined by official documents, not medical assessments, to uphold the intent of beneficial legislation.
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 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 estimation of age by medical assessment is not definitive; relevant documents asserting a younger age must be favorably considered in compassionate appointment applications.
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