Subhro Kamal Mukherjee, J. - (1.) This appeal is directed against the Judgment and order dated November 29, 1999 passed by the learned single Judge of this Court. The learned single Judge by the order impugned allowed an application under Article 226 of the Constitution of India (Writ Petition in short) holding that there could not be any justification on the part of the authorities to deny the claim of the Writ Petitioner for appointment on compassionate ground inasmuch as his father died in harness.
(2.) Gopinath Goswnmi, since deceased, was working as Foreman at (E) Berm Coal Mines, a unit of Damodar Valley Corporation (D.V.C. in short). The said Gopinath Goswami died on December 7, 1989 and the writ petitioner is one of his sons. The Writ Petitioner moved the present Writ petition claiming that the Writ Petitioner being one of the depended of the deceased employee, who died while in service, was entitled to an appointment in a suitable post on compassionate ground.
(3.) D.V.C. contended that the employees of the Berm Coal Mines were covered under the National Coal Wages Agreement (N.C.W.A. in short). D.V.C. implemented the recommendations of N.C.W.A.-I, II and III for Benno Mines except few clauses. The clause relating to appointment on compassionate ground was never implemented. D.V.C. also decided to implement N.C.W.A.-IV on the basis that no benefit beyond the existing provisions if N.C. W.A.-III would be extended. Accordingly, the Writ Petitioner was not entitled to get benefit of compassionate appointment. It was, further, contended that the Writ petitioner was not entitled to get an appointment under Office Circular dated March 16, 1995 as the D.V.C. Under the said circular decided to extend the benefit of appointments on compassionate ground only with effect from September 17.1993, which was a date subsequent to the death of the employee concerned.;