JHARKHAND HIGH COURT ISSUES ORDER ON CHAITA ORAON V/S THE CMD AND ORS.

RANCHI, India, Nov. 8 -- Jharkhand High Court issued the following order on Oct. 8:

1. Having heard the learned counsel for the parties and for the reasons stated in the application duly supported by the affidavit of the applicant-appellant, we find sufficient cause to condone the delay of 192 days that has crept up in filing of the appeal.

2. Ordered accordingly.

3. I.A. No.2221 of 2025 is disposed of. L.P.A. No.176 of 2025:

4. The present appeal has been preferred against the order dated 19th June, 2024 passed in W.P.(S) No.2744 of 2021, whereby the said writ petition filed by the petitioner/appellant for appointment on compassionate ground has been dismissed.

5. The factual background of the case as set out in the writ petition is that the mother of the appellant, namely, Late Asho Kamin was working on the post of Piece Rated Worker at Parej East Open Cast Project, Central Coalfields Ltd., Hazaribag. She died in harness on 7 th February, 2008 leaving behind the present appellant and his elder brother, namely, Raju Oraon, who is already employed.

6. Thereafter, the appellant submitted his application along with all requisite documents for compassionate appointment on 22nd April, 2008 before the respondent-authority. However, the respondents rejected the said application vide letter dated 5 th March, 2009 on the ground that his age had crossed 35 years which was the maximum age for getting compassionate appointment.

7. Aggrieved with such rejection, the appellant filed a writ petition being W.P.(S) No.2389 of 2010 which was disposed of vide order dated 22nd February,2019 remanding the matter to the concerned authority to take informed reasoned decision after giving due opportunity to him to place his case.

8. The appellant thereafter submitted an application for consideration of his claim for compassionate appointment, however, the same was again rejected by the Senior Manager (Personnel), CCL, Darbhanga House, Ranchi (respondent no.4) vide order as contained in letter dated 31st December, 2019 stating that the date of birth of the appellant mentioned in the birth certificate issued by the concerned Panchayat Sewak was 21st April, 1990, whereas his mother had declared his age in her service records as 19 years on 1st April, 1987 and, hence, there was major difference in his age recorded in the said documents. The appellant again filed a writ petition being W.P(S) No.2744 of 2021 which was also dismissed vide impugned order dated 19th June, 2024. Hence, the present letters patent appeal.

9. The learned counsel for the appellant submits that pursuant to the order dated 22nd February, 2019 passed in W.P.(S) No.2389 of 2010, the appellant filed a representation before the concerned authority on 27th March, 2019 along with a copy his birth certificate issued by the Panchayat Sewak, Gram PanchayatChakri Ichakdih, Mandu Block, Ramgarh and school transfer certificate issued by the Principal, Rajkiya Madhya Vidyalaya, Kedla, Hazaribagh, wherein his date of birth was recorded as 21st April, 1990.

10. It is further submitted that the genuineness of appellant's birth certificate had been verified by the Assistant Manager (Personnel), Parej East Open Cast Project, CCL, Hazaribagh by sending a letter dated 19th July, 2019 to Block Development Officer, Mandu, Ramgarh, who had confirmed the authenticity of the same.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqBbCnv2g276wW6znqgh%2BC2kgJnmFvOmZd3PiUmXpe%2FcA&caseno=LPA/176/2025&cCode=1&cino=JHHC010373322024&state_code=7&appFlag=)

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