- (1.) Heard learned counsel for the petitioner as well as learned counsel for the respondents. The instant writ petition has been preferred for the following reliefs:- (a) issuance of writ of mandamus or in nature thereof, commanding the respondents to give suitable employment to his son in view of clause 9.4.0 of National Coal Wages Agreement (NCWA) as the petitioner has been suffering from Hemiplegia (Paralysis) and though he applied for the said service of the son within the prescribed time, but the respondents delayed the matter and left the same undecided leading to superannuation of the petitioner under permanent Medical Leave and was never allowed to resume his duties due to physical disability till his superannuation. (b) issuance of direction upon the respondent for the payment of following retiral benefits:- (i) Amount of Gratuity. (ii) Amount of Coal Mines Provident Fund (CMPF). (iii) Amount of Medical Claims. (iv) Salary for the period 15.08.1999 till attaining the age of 60 years i.e. the date of superannuation. (v) Fixation of pension and arrears of pension and (vi) Suitable interest over the aforesaid amount.
(2.) From the averments made in the writ petition as well as stated in the counter affidavit filed on behalf of the respondent-State, it appears that petitioner was examined by the Medical Board on 07.09.2001 in which the Board had recommended him fit for job, and observed that "Review after completion of treatment at G.N.H.". In the meantime, petitioner retired in his natural course on 30.04.2002. Thereafter, petitioner kept waiting till 2007 and approached before this Court after five years for the aforesaid reliefs.
(3.) The respondents have contested the claim of the petitioner on the ground of benefit of clause 9.4.0 of the National Coal Wages Agreement stating that petitioner had been examined by the Medical Board and it was declared that he is medically fit and pursuant thereto he has been taken into employment. However, in this case petitioner was neither declared medically unfit nor had challenged the said order of Medical Board in which Board declared him medically fit. In the circumstances, after lapses of 10 years from the date of retirement, the respondents submits that it is not proper for any relief to the petitioner for appointment to his son in his place under clause 9.4.0 National Coal Wages Agreement.;