- (1.) The petitioner has approached this Court seeking a direction upon the respondents for grant of appointment on compassionate ground in terms of para 9.3.2 of the National Coal Wage Agreement-VI and any other regulation/proceeding. Heard learned Counsel appearing for the parties and perused the documents on record.
(2.) Mr. R.R. Ravi Das, learned Counsel appearing for the petitioner submits that though the father of the petitioner was employed with the respondent-company, who was posted at Pindra Colliery and died on 28.7.2007, the petitioner was not granted appointment on the compassionate ground. The father of the petitioner was employed on Class-IV post and the petitioner also seeks appointment on Class-IV post only. The mother of the petitioner has already died on 15.10.2003. Since the petitioner was not granted appointment on compassionate ground the petitioner has approached this Court.
(3.) A counter-affidavit has been filed denying the claim of the petitioner, stating as under: That in reply to the statement made in para 5 of the writ application, under reply, it is stated that the petitioner was an employee of Pindra Colliery of M/s. CCL and he was allotted with Form-B. No. 712. 10. That in reply to the statement made in para 6 of the writ application, under reply, it is stated mat the father of the petitioner since deceased died on 28.7.2007 in harness as per the death certificate issued by Panchayat Sewak Gram Panchayat, Rabodh. That according to the family details enlisted in the Service Sheet Excerpts, following are the details of the dependents family members:-- (i) Smt. Soman Devi, wife of deceased employee. (ii) Shri Jagdish Pahan. (iii) Sri Banu Pahan. (iv) Sri Geda Pahan. (v) Sri Kaleshwar Pahan. {(ii) to (v) all sons of deceased employee}. 11. That in reply to the statement made in para 7 of the writ application, under reply, it is stated that the mother of the petitioner namely Somari Devi died on 15.10.2003 prior to the death of father of the petitioner as per the Death Certificate issued by the Gram Panchayat, Rabodh. 12. That in reply to the statement made in para 8 of the writ application, under reply, it is stated that the petitioner has not submitted any application and he has never prayed for filling up application form in the prescribed form as claimed. 13. That in reply to the statement made in para 9 of the writ application. under reply, it is stated that the petitioner's father died in harness leaving behind four sons namely Shri Geda Pahan, Shri Jagdish Pahan, Shri Banu Pahan and Shri Kaleshwar Pahan. 14. That in reply to the statement made in para 10 of the writ application, under reply, it is stated that the petitioner has never requested for filling up the prescribed application for employment into the Company. The claim that the Respondent Company has not filled up the prescribed form in totally false. The claim of the petitioner that he has submitted his application dated 7.11.2008, 18.2.2010 and 20.6.2011 before the respondent No. 5 i.e. the Project Officer. Pindra Colliery is totally false and not based on record of the Company. In support of the claim, the petitioner has enclosed the copy of the application marked as Annexure-5 to the writ application. It is further stated that on examination of the case and perusal of the contents of the application, it is noticed that there is no proof of any receipt of the application in the office of the respondent No. 5, nor there is any receiving of the applications to the office of Project Officer, Pindra Colliery, therefore the claim is not tenable. It appears that the application has been drafted by the same person in a single sitting therefore handwriting is common in all the application and does not bear the receipt number of the office concerned. Therefore the claim of the petitioner is baseless.;