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2019 (4) TMI 2182
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....No. 3535 of 2015 whereby and whereunder the learned Single Judge held that the petitioner's prayer for grant of compassionate appointment is not maintainable but so far as the grant of benefit of monetary compensation is concerned that has been left open to the mother of the appellant/petitioner to file an application for the same. 2. We have heard the counsels for both the sides. The factual matrix of the case is that the appellant's father i.e. Laxmi Ravidas (now deceased) whose date of birth was 03.05.1950 was appointed as Cat. I in Topa colliery on 26.05.1973. The brother of the appellant, Krishna Ravidas, who was the son of Laxmi Ravidas died on 30.09.1994 and a death certificate dated 15.10.1994 has been brought on record. By fi....
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....the Personnel Department of Kuju Area regarding the date of interview in reference to his aforesaid application for employment under provision 9.3.2 of NCWA. Santosh Ravidas had already died as evident from the death certificate dated 10.01.2003 which is annexed at Annexure-10 to the LPA. The wife of the deceased (Laxmi Ravidas) namely Samudri Devi on 27.01.2006 made another application before the Project Officer, Topa Colliery requesting therein to consider the case for employment of her daughter viz. Shanti Devi under the provision of 9.3.0 of NCWA-VII on compassionate ground in place of her deceased husband late Laxmi Ravidas. By a representation dated 11.07.2011, the appellant made another application before the Manager (Personnel) requ....
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....en properly considered by the learned Single Judge. Another ground raised by the appellant was that the respondents are duty bound to consider the claim of the appellant under NCWA-VII which is a statutory in nature. Learned counsel for the appellant also pointed out that the learned Single Judge has not taken into consideration that three deaths had taken place in the family and in that view of the matter the case of the appellant was not considered. Learned counsel has further argued that the financial crisis has not been taken into account by the learned Single Judge that happened due to sudden demise of the sole bread earner of the family. It has also been argued that the application of unmarried sister of the appellant was pending and ....
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.... aforesaid findings due to following facts and reasons which have been depicted in paragraph 7 of the impugned judgment which reads hereunder: 7. (i) Admittedly, after the death of the deceased-employee, late Laxmi Ravidas on submission of application for compassionate appointment of her eldest son by Samudri Devi (nominee of the petitioner's father), the Management-Company considered the case of the eldest brother of the petitioner, namely, Santosh Ravidas in the year 2004, but, by that time, the said Santosh Ravidas has died, so it cannot be construed that the respondents did not consider the case of the legal heir of the deceased employee, late Laxmi Ravidas for consideration of compassionate appointment. It appears that the mother....
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.... the female dependant would have the option to either accept the monetary compensation of Rs. 4,000/- per month or employment irrespective of her age. (ii) In case of death/total permanent disablement due to cause other than mine accident and medical unfitness under Clause 9.4.0, if the female dependant is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 3,000/- per month or employment. In case the female dependant is above 45 years of age she will be entitled only to monetary compensation and not employment. (iii) In case of death either in mine accident or for other reasons or medical unfitness under Clause 9.4.0, if no employment has been offered and the male dependant o....