- (1.) This is one of the matters where a meal is sought to be made out of the unfortunate and untimely death of a miner by seeking an appointment on compassionate grounds nearly 20 years after the death of the concerned employee.
(2.) There is no doubt that the husband of the first petitioner and the father of the second petitioner died in an accident at the Tipong Colliery in the year 1993 and there is no doubt that the employer, as an instrumentality of the State, had to take care of the distressed family upon the death of its bread -earner. But the obligation of the State as employer even in a welfare society cannot be taken to the ridiculous extent of seeking an appointment on compassionate grounds two decades after the death of the employee and after the family was supported by the substantial allowance made available by the employer.
(3.) The petitioners seek to take advantage of a letter issued by the Chief Personnel Manager of North Eastern Coalfields dated March 28, 1994. Such letter, issued after the first petitioner had applied for a maintenance allowance, gave the first petitioner an option. It is necessary that the relevant letter be noticed in its entirety: "Reference your application opting for maintenance allowance in lieu of accepting immediate alternative employment we offer you the following terms. You will be paid a maintenance allowance of Rs.3000/ - per month till you attain the age of 60 years. or Your son attains the age of 18 years for offering himself for alternative employment whichever is earlier. If the above term is acceptable to you kindly return the duplicate copy of this letter duly signed/putting your thumb impression and witnessed in proof of your acceptance." ;