2026:JHHC:1098 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6432 of 2022 ------ Shivlal Hansda, son of late Thulu Hansda @ Thulak Hansda, resident of village Tilatand, P.O Tetulmari, P.S. Tetulmari, District- Dhanbad. .. Petitioner(s) Versus 1. The Chief Managing Director, Bharat Cooking Coal Limited, Patherdih Colliery under E.J. Area, P.O Bhaura, P.S. Bhaura, District- Dhanbad. 2. The Director Personnel, Bharat Cooking Coal Limited, Patherdih Colliery under E.J. Area, P.O Bhaura, P.S. Bhaura, District- Dhanbad. 3. The General manager, Bharat Cooking Coal Limited, Patherdih Colliery under E.J. Area, P.O Bhaura, P.S. Bhaura, District- Dhanbad. 4. The Project Officer, Bharat Cooking Coal Limited, Patherdih Colliery under E.J. Area, P.O Bhaura, P.S. Bhaura, District- Dhanbad. 5. The Personnel Manager, Bharat Cooking Coal Limited, Patherdih Colliery under E.J. Area, P.O Bhaura, P.S. Bhaura, District- Dhanbad. . ...Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): M/s Peeyush Krishna Choudhary and Amrit Anunay, Advocates. For the State Mr. Rajesh Lala, Advocate. ------ 07/15.01.2026: Heard the parties. 2. The petitioner prays for grant of compassionate appointment. 3. It is the case of the petitioner that his father died on 19.6.2021, according to him, in harness while working in Bharat Cooking Coal Limited (BCCL), thus he is entitled for grant of compassionate appointment. 4. After going through the records and documents, I find that the father of this petitioner was employee of BCCL. He was dismissed from service. Industrial dispute was raised by the father of the petitioner through the recognized union. The dispute was referred to the Central Government Industrial Dispute-II at Dhanbad in Reference Case No. 1/2016. The learned Tribunal answered the reference in favour of the father of this petitioner but did not reinstate rather directed to offer him fresh appointment in the lowest grade with two years probation. The Tribunal also held that the worker concerned should be appointed a fresh in the lowest category-I with probation period with no back wages. Thereafter the Company directed the petitioner to appear for medical examination, which is necessary for appointing in collieries. The father of this petitioner appeared in examination in the year 2019 and he was found unfit, which is evident from the letter dated 11.3.2019 ( Annexure-D to the counter affidavit). Further opportunity 1. was given to the father of this petitioner to again appear before the Medical Board. Admittedly, the father of this petitioner did not appeared before the Medical Board. Ultimately, he died on 19.6.2021. 5. From the aforesaid facts and the documents, it is clear that though there was an order to appoint the petitioner a fresh, but the petitioner did not join the service. The service should have been counted from the date of joining. 6. Since the petitioner did not join as a fresh employee, it cannot be said that the father of this petitioner died on 19.6.2021 in harness. In that view, I am of the opinion that the petitioner is not entitled to be appointed on compassionate ground. Thus, no relief can be granted to the petitioner. 7. Accordingly, this petition is dismissed. 8. Pending interlocutory application, if any, also stands disposed of. 15th January, 2026 (ANANDA SEN, J.) Anu/-Cp2. Uploaded on: 20.1.2026 2.