No appointment on compassionate terms if the person was minor at the time of death of his father

High Court of Jharkhand: A Single Judge Bench of Shree Chandrashekhar, J., dismissed a writ petition seeking to quash the order(s) passed by the respondents.

The petitioner had filed an application for his appointment on compassionate terms, with the respondent company after death of his father who was an employee of the respondent company. However, the said application was rejected on the grounds that, the petitioner was a minor at the time of his father’s death.

The Court observed that, the petitioner was 8 years old at the time of his father’s death and hence, as per NCWA-VI, under which minimum age for keeping a male dependant on live roster is 12 years, the petitioner could not have been enrolled through compassionate appointment on attaining majority. The Court relied on National Institute of Technology and Others v. Niraj Kumar Singh, (2007) 2 SCC 481, wherein no compassionate appointment was granted to the son of the deceased who was 1 year old at the time of his father’s death. Accordingly, the petition was dismissed and the impugned order(s) were upheld. [Gangadhar Thakur v. Central Coalfields Limited,  2018 SCC OnLine Jhar 448, decided on 29.06.2018]

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