A respondent may be entitled to monetary compensation from the date of application for compassionate appointment when the application is delayed, and the employer fails to offer compensation upon rejecting the application's merits.

JUDGMENT

Rajesh Shankar, J.

I.A. No.10458 of 2024:

1. For the reasons stated in the application, we find sufficient cause to condone the delay of 115 days that has crept up in filing of the appeal.

2. Ordered accordingly.

3. I.A. No.10458 of 2024 is disposed of.

L.P.A. No.575 of 2024:

4. The present appeal has been preferred against the order dated 26.04.2024 passed in W.P.(S) No.3169 of 2020, whereby the learned Single Judge has allowed the said writ petition directing the respondents (the appellants herein) to pay monetary compensation to the writ petitioner/respondent as per clause 9.5.0 of the NCWA-VI.

5. The learned counsel for the appellants submits that the husband of the respondent namely Mahesh Bhuinya (hereinafter referred as the deceased employee) was working as Piece Rated worker at Sayal ‘D’ Colliery, Mandu, Ramgarh who died in harness on 22.03.2003.

6. It is further submitted that after death of the deceased employee, the respondent failed to make an application before the competent authority either for appointment on compassionate ground or for granting her monetary compensation.

7. It is also contended that the respondent filed writ petition being W.P.(S) No. 3280 of 2011 claiming compassionate appointment which was disposed of on 09.09.2011 with a direction to the General Manager (P&IR), Central Coalfields Limited (appellant no.3) to treat the said writ petition filed by the writ petitioner/respondent as a representation and to decide her claim in accordance with law, rules, regulations, policies and government enforceable orders applicable to her.

8. It is further submitted that pursuant to the order dated 09.09.2011 passed in W.P.(S) No. 3280 of 2011, the appellant no.3 issued the order as contained in letter no. 515 dated 31.01.2012 rejecting the claim of the respondent for compassionate appointment on the ground that if such appointment was granted after more than eight years since the date of death of the deceased employee, the main object and purpose of compassionate appointment i.e., to give immediate financial relief to the distressed family members would be defeated.

9. Thereafter the respondent filed representation dated 25.07.2014 before the Project Officer, Sayal-‘D’ Colliery for grant of monetary compensation which was rejected by the Senior Manager (Pers./MP), CCL vide letter no. 1860 dated 05.06.2015 stating that the monetary compensation had to be offered in lieu of compassionate appointment and since the same was already rejected vide reasoned order dated 31.01.2012, the management was unable to proceed further towards sanctioning monetary compensation to the respondent at a subsequent stage.

10. The respondent then filed an application before the Director (Personnel), CCL Headquarter, Darbhanga House, Ranchi on 01.10.2019 for reconsideration of the order passed by the concerned authority rejecting her request to grant monetary compensation under the National Coal Wage Agreement, however, the said application was also rejected by the General Manager (Personnel), Redressal Cell, CCL, Darbhanga, House, Ranchi vide letter no. 964 dated 16/23.11.2020.

11. Subsequently, the respondent filed writ petition being W.P.(S) No. 3169 of 2020 for issuance of direction upon the appellants to pay monetary compensation to her since 22.03.2003 with statutory interest. The said writ petition was allowed by the learned Single Judge vide impugned order dated 26.04.2024 directing the appellant-CCL to pay monetary compensation to the respondent as per Clause 9.5.0 of the N.C.W.A.-VI.

12. Heard the learned counsel for the appellants and perused the materials a