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Jharkhand High Court

Mon, 07/23/2012 - 12:46 -- admin


Md. Alam Ansari v. Bharat Cooking Coal Ltd.

[2006 (2) JCR 67 (Jhr)]

W.P. (S) No. 4050 of 2004

Decided On: 25.08.2005

Jharkhand High Court

Judges: S. J. Mukhopadhaya, J.

Facts: Father of the petitioner who was in the service of Bharat Coking Coal Limited (BCCL), died in harness on 16th December, 2003, while posted as foreman in Ram Kanali Colliery, Dhanbad. The petitioner, thereafter, applied for compassionate appointment, but his claim was rejected on the ground that he is a disabled person. According to BCCL, such employment could only be given that dependent of the dead who is physically fit.

This writ petition is related to compassionate appointment of the petitioner, whose claim has been rejected on the ground that a disabled person cannot be appointed on compassionate ground.

Held: The court held that under the law the respondents, that is, the BCCL is required to fill up 3% of the posts in every establishment from amongst the disabled personsaccording to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, it cannot refuse the claim of the petitioner for consideration of his case for appointment on compassionate ground, on the ground that he is a disabled person.

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