- (1.) THE present petition is filed for issuance of a writ of mandamus commanding the respondents to appoint the petitioner on compassionate ground as his father Late Ram Sharan Kumhar died in harness on 30.3.1996.
(2.) LEARNED counsel for the respondents has vehemently argued that, as per the policy of the Bharat Coking Coal Limited, if male legal heirs of the deceased worker is minimum 15 years of age on the day of death of the worker, his name shall be kept on life roster and shall be given appointment as and when he attains the age of 18 years. He has further argued that since the petitioner was below 15 years of age on 30.3.1996, when his father Ram Sharan Kumhar died in harness, therefore, his name was not kept in life roster and monetary compensation was allowed to be paid to his mother. The only question, according to learned counsel appearing for the parties, is as to whether the petitioner was 15 years of age on the day of death of his father i.e. 30.3.1996. Learned counsel for the petitioner has placed reliance on Annexure 1 to the writ petition and has argued that on 21.6.1987, the petitioner Harish Chandra was eight years of age.
(3.) LEARNED counsel for the respondents while referring to Annexure A to the counter affidavit, has argued that in the record, the age of the petitioner-Harish Chandra was mentioned as six years as on 21.6.1987. He has further argued that the petitioner by over writing has made "6" as "8" and thereafter has placed on record Annexure 1 to the writ petition with wrongful intention to play fraud. Action of the petitioner would amount to perjury. Perusal of Annexure A to the counter affidavit clearly shows that on 21.6.1987, age of the petitioner was '06' years while in Annexure 1 to the writ petition, it is clearly seen that '6' was made '8' by over writing.;