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2025 DAILYLAW 39976 (JHR)

SUFIA BAA v. M/S CENTRAL COALFIELDS LTD. THROUGH ITS CHAIRMAN CUM MANAGER DIRECTOR

WPC/6384/2025 · 2025-11-19

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:34537 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6384 of 2025 ------ Sufia Baa, age about 65 years, Wife of Nicolas Tete, R/o Village Saunda-D Nagar Club House, PO-Bhurkunda (Patratu), PS- Bhurkunda, District-Ramgarh. … … Petitioner(s) Versus 1. M/s Central Coalfields Ltd. through its Chaiman-cum- Manager Director, a registered company under the Companies Act, having its head office at Darbhanga House, PO-GPO-PS-Kotwali, District-Ranchi. 2. The Chairman-cum-Managing Director, M/s Central Coalfields Ltd. having its head office at Darbhanga House, PO-GPO-PS-Kotwali, District-Ranchi. 3. The Director of Personal, M/s Central Coalfields Ltd. having its head office at Darbhanga House, PO-GPO-PS-Kotwali, District-Ranchi. 4. General Manager (Personal & Industrial Relation), M/s Central Coalfields Ltd. having its head office at Darbhanga House, PO-GPO-PS-Kotwali, District-Ranchi. 5. General Manager (B.S.) Barka Sayal Area, M/s Central Coalfields Ltd. PO-Barka Sayal, PS-Bhurkunda, District- Ramgarh. 6. Regional Manager (Finance) Barka Sayal Area, M/s Central Coalfields Ltd. PO-Barka Sayal, PS-Bhurkunda, District- Ramgarh. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Manoj Kumar No.2, Advocate For the Respondent(s) : Mr. Amit Kumar Das, Advocate Mr. Sahay Gaurav Piyush, Advocate ------ 02/ 19th November,2025 1. Heard the parties. 2. The petitioner seeks compassionate appointments for her daughter. 3. The facts are admitted in this case. This petitioner was an employee of Central Coalfields Limited. She took voluntary retirement. There was a scheme of Central Coalfields Limited that if a female employee takes VRS, her dependent will be given employment. The son of this petitioner applied for compassionate appointment and got appointed. Unfortunately, 2025:JHHC:34537 2 her son expired on 10.05.2017 due to heart attack. After the death of her son, this petitioner made an application for grant of compassionate appointment for unmarried daughter. Admittedly, the daughter of this petitioner who is the sister of the employee was not treated to be a dependent as the scheme of compassionate appointment did not recognize unmarried daughter/unmarried sister as dependent. The petitioner thereafter filed writ petition being WP(S) No.5577 of 2018. On 04.11.2020, the Writ court quashed the order refusing employment to the daughter and directed the Central Coalfields Limited to take a decision. The said order was challenged by the Central Coalfields Limited in L.P.A. No.161 of 2022. The Division Bench after considering the scheme and the other laws have allowed the Letters Patent Appeal filed by the Central Coalfields Limited by setting aside the order passed by the learned Single Judge. The lis between the petitioner and respondents thus came to an end. Now the petitioner had again filed a representation on the ground that recently in 11.06.2024, the scheme was changed and the unmarried daughter has been brought within the definition of dependents. On this ground, the petitioner has approached this Court claiming compassionate appointment. 4. Admittedly, the lis between the petitioner and the Company in relation to appointment of the sister of deceased has attained finality by the final order dated 23.02.2023 passed in L.P.A. No.161 of 2022. The subsequent amendment dated 11.06.2024, whereby the recommendation has been made to include the unmarried sister as dependent, cannot benefit the petitioner as this cannot have any retrospective effect. 5. Further, admittedly, the brother died on 10.05.2017 and 8 years have already passed and the immediate financial crises has been tied over by the family. The compassionate appointment is not a general mode of recruitment. The basic purpose of giving compassionate appointment is to enable the family to tie over the immediate financial crises. After a passage 2025:JHHC:34537 3 of 08 years, it cannot be said that there is immediate financial crises in the family. 6. Considering what has held above, no relief can be granted to the petitioner. Thus, this writ petition is dismissed. (ANANDA SEN, J.) 19th November, 2025 Sandeep, cp2 Uploaded on 01/12/2025