Manmati v. Coal India Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 421 of 2016 Manmati Daughter of Late Gangaiya, aged about 40 years, Caste Gond, Resident of village Akhora (Kalyanpur) Thana Jainagar, Post Kalyanpur, Civil and Revenue District Surajpur, Chhattisgarh.

---- Appellant

Versus

1. Coal India Limited, Through its Chairman, 10 Netaji Subhash Road, Calcutta, West Bengal.

2. South Eastern Coalfields Limited, Chairman-cum-Managing Director, Seepat Road, Bilaspur, Civil and Revenue District Bilaspur, Chhattisgarh.

3. Deputy Regional Manager, South Eastern Coalfields Limited, Domanhil Area, District Koria, Chhattisgarh.

---- Respondents For Appellant : Shri Punit Ruparel, Advocate.

For Respondents : Shri Sudhir Bajpai, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Deepak Gupta, Chief Justice 08/09/2016 1.

This appeal arises out of judgment dated 13.06.2016 passed by the learned Single Judge in Writ Petition No. 1992 of 2016 whereby the writ petition filed by the Appellant/Petitioner has been dismissed. 2.

There is a delay of 13 days in filing the appeal. Delay is condoned. On merits, we find nothing in this appeal.

3.

The undisputed facts are that the father of the Appellant/Petitioner expired in 1986. At that time, the Appellant was minor aged 16 years. She attained majority in the year 1988. Assuming that in the year 1988, limitation starts, the writ

petition was filed 28 years later in the year 2016. The Appellant is already 46 years of age. She cannot be granted compassionate appointment at this stage. The fact that the family has lived for 30 years without any help, itself shows that it is not an indigent circumstance.

4.

The appeal is dismissed.

Sd/- Sd/- (Deepak Gupta) (P. Sam Koshy) CHIEF JUSTICE JUDGE Amit