Shyam Narayan Singh vs The Central Coalfields Ltd. and Others

Alok Singh, J.—Claim of the petitioner seeking compassionate appointment was declined vide impugned order dated 23.4.2012. Perusal of the impugned order reveals that claim of the petitioner for the compassionate appointment on the death of his adoptive mother Sumila Devi was declined on the ground that petitioner has failed to submit matriculation certificate before the authorities. Perusal of the impugned order further reveals that petitioner himself has submitted adoption deed and B.D.O.''s certificate before the authorities to show his age at the time of adoption and as recorded in the revenue record. Impugned order does not suggest that adoption deed or certificate of B.D.O. is bogus or fabricated document. Age mentioned in the adoption deed as well as in the B.D.O. certificate should not be discarded without there being any evidence to prove them incorrect.

As per the National Coal Wage Agreement, dependent of the deceased employee who died-in-harness, has to be given compassionate appointment. Since petitioner is not found to be more than 35 years of age, therefore, rejection of the claim on the ground that he has failed to produce matriculation certificate seems to be totally unjustified. The authorities are directed to reconsider the claim of the petitioner within 60 days from the date, the certified copy of this order is placed before them.