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2026 DAILYLAW 38362 (CAL)

GULSHEDA KHATUN AND ANR v. UNION OF INDIA AND ORS.

WPA/4335/2024 · 2026-09-02

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.09.2026 35 sdas WPA 4335 of 2024 Gulsheda Khatun & Anr. Vs. Union of India & Ors. Mr. Mahadev Ghosh Ms. Shika P. Chowdhury Mr. Arun Kumar Pal ….. for the petitioners Ms. Tanushree Das Gupta ….. for the ECL 1. The petitioners are aggrieved that the application of the petitioner no. 2 for compassionate appointment has been rejected on the ground of being over aged. Age of the petitioner no. 2 which became a factor as there was a discrepancy in the Service Record of the petitioners’ father, who was a former employee of the Eastern Coalfields Limited (hereinafter referred to as “ECL”). 2. The application of the petitioner no. 2, made sometime in 2019, was considered and rejected after the authorities had conducted a medical investigation to ascertain his age. 3. Petitioner no. 2 has now come up with a Matriculation Certificate from the Bihar School Examination Board, Patna, which shows his date of birth is June 6, 1996. 2 4. Cut off age for employment on compassionate ground is 35 years as on the date of death of the employee. As a dependant of the employee, the petitioner no. 2 should not be above 35 years as on the date of death of the employee. 5. This document was not available to the petitioner no. 2 and has not been considered by the authority at the time of ascertaining his age. 6. In view thereof, I direct the Area Personal Manager, Eastern Coalfields Limited, Bankola Area, to consider the application of the petitioner no. 2 in the light of his Birth Certificate as well as the Matriculation Certificate which will be produced by him within a period of two weeks from date. 7. The concerned authority will consider the same and come to a finding about his age within a period of four weeks thereafter. 8. In the event the concerned authority seeks to verify the authenticity of the Birth Certificate and the Matriculation Certificate produced by the petitioner no. 2, he will be entitled to take necessary police assistance in respect thereof. 9. Officer-in-Charge of the local police station is directed to render all assistance to the Assistant Personal Manager, Eastern Coalfields Limited, Bankola Area, to ascertain the authenticity of such documents, if sought for. 3 10. With the aforestated directions, the writ petition is disposed of. 11. There will be no order as to costs. 12. Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (Reetobroto Kumar Mitra, J.)