M.Y.EQBAL, J. - (1.) PETITIONER has prayed for quashing the orders communicated vide letters dated 3.8.2000, 11.12.2000 and 21.1.2002 whereby his application for compassionate appointment has been rejected by the respondents and further for a direction upon the respondents to appoint him under the provisions of Clause 9.3.2 of National Coal Wage Agreement -VI.
(2.) PETITIONER 'scase is that his father late Rajeshwar Mahto was a regular employee of respondent -CCL and was posted at Kujur Colliery. He died in harness on 23.2.1997. After his death, petitioner submitted his application on 25.10.1997 for appointment on compassionate ground. On submission of application, petitioner was asked to wait till he attains 18 years of age. It is contended by the petitioner that after attaining majority he submitted another application on 26.9.1999, which was rejected on the ground of nonavailability of his name in the live roster and also on the ground of late submission of application. Petitioner preferred an appeal. In the meantime, petitioner 'sapplication which was submitted in 1997 was reconsidered and again the same was rejected on the ground of delayed submission of application by two years. In the counter affidavit filed by the respondents, it is stated that there is a limitation of six months for submission of application for compassionate appointment which period was revised to one year by Circular dated 1.1.2002. It is stated that petitioner applied after expiry of two years and three months from the date of the death of the deceased employee. Further case of the respondents is that one of the family member i.e. elder son of the deceased employee namely, Bharat Mahto is already in employment in M/s. M.C.C.L. which is one of the subsidiary company of the Coal Indian Ltd. In that view of the matter, any appointment to other family members of deceased employee is not permissible as the same will defeat the purpose and object of the scheme of compassionate appointment.
(3.) I have heard Mr. A.K. Sahani, learned counsel appearing for the petitioner and Mr. M.M. Banerjee. learned counsel appearing for the respondents.;