S.B.Sinha, J. - (1.) The petitioner is aggrieved by an order issued by the respondents appointing one Subhas Mondal. The petitioner's father died on February 23, 1973. Prior to the nationalisation of coalmines, it can safely be presumed that his father had been working in the colliery which was under the private ownership. Coal Mines (Nationalisation) Act, 1973, although received the assent of the President of India on May 31, 1973, it was given a retrospective effect and retroactive operation with effect from May 1, 1973. It is, therefore, evident that prior to the nationalisation of the said colliery, the petitioner's father died. Learned counsel for the petitioner, when questioned, did not dispute that there existed no policy decision to appoint a dependent of a deceased employee in the colliery in question which was these under private management. A purported policy decision was made for the first time by issuing a circular letter dated June 30, 1989, wherein it was stated : "Under the death quota only son, if not brother of the deceased employee during the period from January 31, 1978 to December 31, 1978 as per the last of capital employment grade in the notice board will apply for recruitment."
(2.) On the basis of the said purported circular, which ex facie is not applicable in the case of the petitioner he filed an application for appointment on compassionate ground.
(3.) Learned counsel for the petitioner has produced before me a purported report of the Advisory Committee wherein the appointment of the petitioner on compassionate ground was recommended in preference to Subhas Mondal on the ground that the petitioner's father died on February 23, 1973, whereas the father of the said Subhas Mondal died on January 28, 1976.;