M/S Eastern Coalfields Ltd vs Anil Badyakar & Ors

4) The facts in brief are :-

1 One Kalo Dome, the father-in-law of the petitioner, while he was in service of Samla Colliery, ECL, under coal India Limited, died on 31st December, 1981. After the death of said Kalo Dome, his wife submitted an application for employment on compassionate grounds. Subsequently, on March 7, 1983, the elder daughter of Kalo Dome also made an application for compassionate appointment. Ultimately, the dispute among the heirs was settled and all the heirs of Kalo Dome submitted "No Objection" in favour of the respondent for employment on compassionate grounds. It was not out of place to mention that the respondent is the husband of the second daughter of Kalo Dome. After the submission of such "No Objection", the personal manager of the Company started processing the file for employment on compassionate grounds and the respondent complied with such requirements. The matter was referred to the Superintendent of Police, Burdwan, for verification, and after compliance of all the formalities a letter of appointment on compassionate grounds was issued in favour of the petitioner on 10th May, 1993, by Personal Manager of the Company. Pursuant to such appointment letter, the respondent joined service, but after four months, the Director (P) vide his order dated 23rd September, 1993 cancelled the provisional letter of appointment issued, on the ground 2 that such appointment was a belated one having been given after a lapse of 12 years from the date of death of Kalo Dome.

5) Being dissatisfied with the order, the respondent had filed writ petition before the High Court. The learned Single Judge has allowed the writ petition and has directed the appellants to allow the respondent to join service pursuant to provisional order of appointment. The appeal filed by the appellants is rejected by the Division Bench.

(Para 11) 8

19) The principles indicated above would give a clear indication that the compassionate appointment is not a vested right which can be exercised at any time in future. The compassionate employment cannot be claimed and offered after a lapse of time and after the crisis is over. In the instant case the employee died in harness in the year 1981 and after a long squabble by the dependents of the deceased, they arrived at a settlement that the son-in-law of the second daughter who is unemployed may request for appointment on compassionate grounds. The request so made was accepted by the Personal Manager of the Company subject to the approval of the Director of the Company. The Director (P) , who is the competent authority for post facto approval, keeping in view the object and purpose of providing compassionate appointment has cancelled the provisional appointment on the ground that nearly after 12 years from the date of death of the employee such an appointment could not have been offered to the so called dependent of the deceased employee. In our considered view, the decision of the employer was in consonance with Umesh Kumar Nagpal's case and the same should not have been interfered with by the High Court.

20) Accordingly, we allow this appeal and set aside the orders passed by the High Court. There will be no order as to costs. 9 .......................................J. [TARUN CHATTERJEE] .......................................J. [ H.L. DATTU ] New Delhi, May 15, 2009.