Chandrashekhar, J. - (1.) THE learned counsel appearing for the petitioner submits that the mother of the petitioner, who was working as Piece Rated Worker (P/R Worker), died in the year, 1997. The petitioner is also an illiterate lady and therefore, she could not pursue the matter for appointment on compassionate ground before the concerned authorities. The learned counsel further submits that the petitioner though made a representation to the authorities for grant of appointment on compassionate ground, however, the representation of the petitioner was not decided by the respondent authorities. He has further submitted that by a proceeding dated 24.10.2011, a decision was taken by the respondent authorities which is extracted below: - 5 "Belated cases of compassionate appointment: -It was discussed and agreed that those cases of compassionate appointment where the employee died on or after 12 -12 -95 and the cases of compassionate appointment of their dependant family members have been rejected on the ground of delay beyond 6 months from the date of death of the employee, shall be considered, however, the delay involving only up to 11/2 years from the date of death of the employee will be taken up. This extension of time limit is made in view of decision of the earlier JCC Meeting dt. 22 -7 -2008 whereby and whereunder the time limit was extended up to 11/2 years and by the present decision dated 22 -7 -2008 of JCC is effected retrospectively w.e.f. 12 -12 -1995. It was agreed upon that the dependant/applicant will represent for consideration of their case alongwith a recent passport size photograph to the General Manager (P & IR), Ranchi. It was also agreed upon that the female dependants who have crossed the age limit of 45 years on the date of issue of administrative order, their cases will be considered only for monetary compensation as per the provision contained in the National Coal Wage Agreement. However, the administrative order will be issued accordingly. Relying on the said resolution of the respondent authorities, the learned counsel for the petitioner submits that this writ petition may be disposed of with a direction to the respondents to decide the claim of the petitioner and the petitioner may be permitted to prefer a fresh application before the respondents.
(2.) THE learned counsel appearing for the respondents submits that after a lapse of about 17 years, such a request for grant of appointment on compassionate ground cannot be given. In view of the fact that the mother of the petitioner was working as Piece Rated Worker (P/R Worker) and the petitioner is also an illiterate lady, the respondent authorities may consider the claim of the petitioner, if she is found otherwise eligible and the delay should not be taken as a factor particularly, when appointment is sought on a Class -IV post i.e., Piece Rated Worker (P/R Worker). In a welfare State, the respondent -authority should consider extending support to the family in distress and not to deny the benefit on technical ground. The resolution under the proceeding dated 24.10.2011, should be given effect in its true letter and spirit and even if it is found that the representation of the petitioner is not traceable in the official records, the case should be considered by the respondent -authority.
(3.) IN view of the aforesaid, the present petition is disposed of with a direction to the petitioner to file a fresh representation before the concerned authority, within a period of two weeks from the date of this order and the respondent shall consider the representation of the petitioner sympathetically, within a period of twelve weeks thereafter. The writ petition is accordingly disposed of.;