AMARESHWAR SAHAY, J. - (1.) THE petitioner being the son of Late Mahendra Ex -Dumper Operator Sirka Colliery of Central Coal Fields Limited applied for appointment on compassionate ground that his father died in harness and therefore, he was entitled to employment under Clause 9.3.2 of N.C.W.A.
(2.) THE claim of the petitioner was rejected by the respondent vide Annexure 3 dated 4.6.2003 on the ground that as his name does not appear in the official records, therefore, his claim for appointment on compassionate ground was not considered by the competent authority. This said very order of rejection is under challenge in this writ petition. The learned counsel for the petitioner submits that from Annexures 2 and 2/1 i.e. services excerpts of Late Mahendra Sao and Form 'D ' regarding availing L.T.C. benefit it appears that the name of the petitioner is very well mentioned in the aforesaid documents which is clearly established that the petitioner is the son of Late Mahendra. It is further submitted that the order passed by the competent authority rejecting the claim of the petitioner is total non -application of mind and is based on non -consideration of the relevant records kept in the office of the respondent. On being asked to produce the original records, learned counsel for the respondents has produced the original records before this Court from which it appears that the service excerpts of Late Mahendra as well as the Form 'D ' submitted by the late father of the petitioner regarding L.T.C. benefit, the claim of the petitioner finds place in the aforesaid documents. Therefore, the submission of the learned counsel for the petitioner appears to be correct on the ground that the claim of the petitioner was rejected on non -application of mind and on non -consideration of the relevant records kept within the office of the respondents.
(3.) IN the view of the matter, this application is allowed and the order as contained in Annexure 3 rejecting the claim of the petitioner for compassionate appointment by the respondent is hereby quashed. Respondents are hereby directed to consider the claim of the petitioner for compassionate appointment afresh and pass an appropriate order in accordance with law within the period of four weeks from the date of receipt/production of a copy of this order.;