Authority: High Court of Jharkhand at Ranchi

Order Date: 11 August 2026 (Reserved on 05.08.2026, pronounced on 11.08.2026)

Case Overview

  • Parties: Appellants – Janki Devi (widow), Pushpendra Kumar (son), Vikash Kumar (son), Gunja Kumari (daughter) of the late Ishwar Das, a permanent Mechanical Fitter at Kathara Colliery, Central Coalfields Limited (CCL). Respondents – CCL represented by its Chairman‑cum‑MD Nilendu Kumar Singh, Director Personnel, General Manager MP & IR Department, Project Officer Kathara Colliery, Staff Officer (P&A) Kathara Area, and Manager Personnel Kathara Colliery.
  • Background: Ishwar Das died in harness on 11 Feb 2015, leaving his mother Sukmati (who later died) and the above appellants as dependents.
  • Initial Applications: Widow (appellant 1) applied to the Project Officer on 27 Apr 2015 for compassionate appointment of a dependent; eldest son (appellant 2) applied on 28 Jul 2015 for compassionate appointment, contesting the widow’s claim.
  • Civil Suit & Settlement: Widow filed Original (T) Suit No. 09 of 2015(A) in Civil Court, Bermo, seeking death benefits. The suit was referred to Lok Adalat; on 02 Feb 2022 the appellants filed a joint compromise petition agreeing that death benefits would be paid to appellant 3 and divided equally, and that compassionate appointment would be given to appellant 3. The Lok Adalat disposed the matter on 12 Mar 2022; decree drawn on 24 Mar 2022 incorporated the compromise.
  • Subsequent Applications for Compassionate Appointment:
  • 24 May 2022: Widow applied again for compassionate appointment of appellant 3; Deputy Manager (Personnel) replied on 01 Sep 2022 (Letter No. 1549) that the claim was out of time (exceeds 15 months).
  • 05 Sep 2022: Widow made representation to General Manager MP & IR Department; again rejected on time‑limit ground.
  • 10 Jul 2024: Widow submitted further documents; family interviewed on 20 Sep 2023; still no appointment. Respondent 4 issued letter on 24 Jul 2024 stating claim cannot be considered after seven years of death.
  • Writ Petition: The appellants filed W.P.(S) No. 5513 of 2024 before this Court; Single Judge dismissed on 15 Jun 2026, holding the application was beyond the 1.5‑year limit fixed by the Joint Consultative Steering Committee (JCC) meeting of 22 Jul 2008.
  • Appellants’ Contentions: Asserted financial dependence, claimed the widow’s 27 Apr 2015 application was within time and that subsequent applications were continuations, argued CCL’s compassionate appointment scheme required consideration of the widow’s proposal, and that CCL had previously given no objection to the Lok Adalat settlement.
  • Respondents’ Contentions: Cited the National Coal Wages Agreement and JCC 2008 decision mandating filing within 1.5 years; emphasized that the 24 May 2022 application was made seven years after death, thus rightly rejected.
  • Judicial Reasoning: The Court referred to Supreme Court judgments:
  • State of West Bengal Vs. Debabrata Tiwari (2025) emphasizing immediacy of compassionate appointment and loss of purpose after long lapse.
  • Secretary to Government Dept. of Education Primary & Others Vs. Bheemesh (2021) stating compassionate appointment is an exception, not a right, and must meet strict criteria.
  • Malaya Nanda Sethy Vs. State of Orissa (2024) noting that when department delays, applicant should not suffer, but distinguished facts as delay was on appellants.
  • The Court observed that the initial 27 Apr 2015 application was within time but was contested by appellant 2, leading to internal family dispute; the later 24 May 2022 application for appellant 3 was a fresh claim filed after seven years, not a continuation.
  • Consequently, the Court found no infirmity in the Single Judge’s order and upheld the rejection of compassionate appointment.

Final Outcome

  • The Letters Patent Appeal is dismissed; the order dated 15 Jun 2026 rejecting compassionate appointment stands.
  • Any pending interlocutory applications are also disposed.
  • Central Coalfields Limited is not obligated to grant the compassionate appointment to appellant 3.

Topics: Compassionate Appointment, Labor Law