Jharkhand HC: No Appointment on Compassionate Ground if Petitioner was Minor at Time of Father’s Death

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July 25, 2018

Case name: Gangadhar Thakur v. The Central Coalfields Limited & ors.

In the case the Petitioner was aggrieved by Respondent’s order by which his claim for compassionate appointment was rejected by the Respondent on the ground of double employment by which the petitioner was informed that being a minor at the time of death of his father he was not eligible for enrolment on live roster.

Aggrieved by the aforesaid order, the Petitioner approached the High Court of Jharkhand wherein the High Court has succinctly pointed out that that at the time of death of his father the petitioner was aged about 8 years 7 months and while so, in terms of NCWA-VI under which minimum age for keeping a male dependant on live roster was 12 years, he could not have been enrolled on live roster for compassionate appointment on attaining majority.

While arriving at its decision in the case, the High Court made reference to Supreme Court’s judgment in the case of National Institute of Technology and Others vs. Niraj Kumar Singh[1], wherein the son of the deceased, was only one year old at the time of his father’s death. Thus, the Apex Court on that ground denied appointment to the deceased’s son on compassionate ground.

The entire case can be accessed here.

Also read Minor has No Right to Compassionate Appointment at Time of Father’s Death in Harness

10 Important Judgments on Service Law in India

[1] (2007) 2 SCC 481