- (1.) THIS Letters Patent Appeal has been preferred against the order of learned Single Judge passed in W.P.(S) No. 7807 of 2006, by which, the learned Single Judge disposed of the writ petition directing the appellant to approach the respondent - C.C.L. to seek monetary compensation as well as current compensation and the claim for compassionate appointment to the appellant's son has been rejected.
(2.) THE husband of the appellant namely, Late Bishwanath Mahto who was working as Category - I Mazdoor in Kedla Open Cast Project under respondent - C.C.L., died on 12.08.1996 in harness. At the time of death, the appellant's son namely, Binod Mahto was aged about 13 years. After the death of her husband, Late Bishwanath Mahto, the appellant filed an application seeking compassionate appointment for her son on 08.10.1996, and thereafter, the second application in complete format was filed on 03.04.1997. Based on the said application, the son of the appellant appeared for interview on 24.04.1998 in regard to the compassionate appointment under Clause 9.3.2 of the N.C.W.A. -V. The application for compassionate appointment was returned vide Annexure -2 dated 27.05.1998 directing the appellant to re -submit the application form after her son Binod Mahto, attains the age of 18 years. Thereafter, the appellant re -submitted the application on 06.07.2000 seeking for compassionate appointment. The date of birth of the son of the appellant is 06.03.1982 and he attained majority on 06.03.2000. After 6 years, the said application was rejected by the respondents on 21.06.2006 stating that the application for employment was submitted by the appellant on 03.04.1997 after expiry of 6 months from the death of Late Bishwanath Matho, deceased - employee ( date of death - 12.08.1996). Being aggrieved by the rejection of the application, the appellant filed the writ petition being, W.P.(S) No. 7807 of 2006. The learned Single Judge finding that the appellant had also made an application for grant of monetary compensation in terms of Clause 9.5.0 of N.C.W.A., directed the appellant to approach the respondent for grant of monetary compensation in terms of relevant provisions of N.C.W.A. and disposed of the writ petition.
(3.) BEING aggrieved by the rejection of the prayer for grant of compassionate appointment, the appellant has preferred this Letters Patent Appeal.;