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2025 Supreme(Online)(Jhk) 4439

HIGH COURT OF JHARKHAND
DALESHWAR PRAJAPATI – Appellant
Versus
CENTRAL COALFIELD LTD THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR – Respondent
WPC 758 / 2024



IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No.758 of 2024

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Daleshwar Prajapati, son of late Bhuneshwar Prajapati, resident of

Village Hajari (Ganjudih), P.O. Swang, P.S. Gomia, District Bokaro.

… … Petitioner

Versus

1. Central Coalfields Limited, through its Chairman-cum-Managing

Director, having its office at Darbhanga House, Kutchery Road,

P.O., G.P.O. & P.S. Kotwali, District Ranchi.

2. Director (Personal), Central Coalfields Limited, having its office

at Darbhanga House, Kutchery Road, P.O., G.P.O. & P.S. Kotwali,

District Ranchi.

3. General Manager (P & IR), Central Coalfields Limited, having its

office at Darbhanga House, Kutchery Road, P.O., G.P.O. & P.S.

Kotwali, District Ranchi.

4. Chief Manager (P/MP), Central Coalfields Limited, having its

office at Darbhanga House, Kutchery Road, P.O., G.P.O. & P.S.

Kotwali, District Ranchi.

5. General Manager, Central Coalfields Limited, Kathara Area, P.O.

Kathara, P.S. Bokaro Thermal, District Bokaro.

6. Staff Officer (Personal), Central Coalfields Limited, Kathara Area,

P.O. Kathara, P.S. Bokaro Thermal, District Bokaro.

7. Project Officer, Central Coalfields Limited, Swang Colliery, P.O.

Kathara, P.S. Bokaro Thermal, District Bokaro.

8. Deputy Manager (Personal), Central Coalfields Limited, Swang

Colliery, P.O. Kathara, P.S. Bokaro Thermal, District Bokaro.

9. State of Jharkhand, through the School Education and Literacy

Department, Government of Jharkhand, Ranchi, represented by its Secretary, having his office at Project Building, Dhurwa,

Ranchi.

… … Respondents

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CORAM : SRI ANANDA SEN, J.

------

For the Petitioner(s) : Mr. Atanu Banerjee, Advocate

Mr. Suman Kumar Ghosh, Advocate

For the Respondent(s): Mr. Faisal Allam, AC to SC Mines-III

Mrs. Rashmi Kumar, Advocate

Mr. Alok Kumar Verma, Advocate

Ms. Mahi, Advocate

Ms. Karuna Kumari, Advocate

------

13/ 15.12.2025

By filing this writ petition, the petitioner has prayed for

the following reliefs :-

“(i) For issuance of an appropriate

writ(s)/order(s)/direction(s) or particularly

a writ in nature of certiorari for quashing of the reasoned order contained in letter no. Pari.Pada/ Govindpur/ OC/Ka.Vi.- 2023/1070 dated 26.10.2023 (Annexure- 13) passed by Project Officer, Swang Colliery, Central Coalfields Limited whereby the claim of the petitioner for employment on compassionate ground rejected.

AND (ii) For issuance of an appropriate writ(s)/order(s)/direction(s) or particularly a writ in nature of certiorari for quashing of the letter issued vide Reference No.

PD/MP/9.3.0/Regret/Kathara/2021/44 dated 6.1.2021 (Annexure-9 series) issued under the signature of Chief Manager (P/MP) Central Coalfield Limited, Ranchi with approval of the competent authority whereby the age of the petitioner assessed and determined as 37 ½ years on 28.10.2020, considering the date of birth of the petitioner as 28.4.1983 and the petitioner held not entitled to claim compassionate employment as per Provision of National Coal Wage Agreement (NCWA) being more than 35 years of age on date of application (30.7.2020).

AND (iii) For issuance of an appropriate writ(s)/order(s)/direction(s) or particularly a writ in nature of certiorari for quashing the letter issued vide Reference No. PD/MP/9.3.0 / 2021/464 dated 27.2.2021 (Annexure-10) whereby with reference to the representation of the petitioner to the Chairman Cum Managing Director, Central Coalfields Limited dated 12.2.2021 regarding age assessment, the Chief Manager (P/MP) Central Coalfields Limited (Head Quarter), Ranchi has informed the petitioner that his age was assessed by the Age Assessment Board, Gandhi Nagar Hospital on 28.10.2020 in which his age was assessed more than 35 years and as such his application for re-age assessment cannot be considered.

AND (iv) For issuance of an appropriate writ(s)/order(s)/direction(s) or particularly a writ in nature of mandamus commanding upon the concerned respondents to consider the claim of compassionate appointment of the petitioner in light of valid, admissible and statutory documents vi

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