- (1.) Heard learned counsel appearing for the parties and perused the documents on record.
(2.) The application seeking appointment for the petitioner on compassionate ground has been rejected by order dated 31.05.2012 which was communicated to the petitioner by letter dated 16/20.07.2012. The father of the petitioner namely, Sohrai Bedia was appointed as driller in respondentCCL on 31.01.1973. He died in harness on 04.10.1995 and after a family relationship certificate was issued on 22.05.1996 by the Block Development Officer, Patratu, Hazaribagh, the mother of the petitioner namely, Jagmania @ Jarmania Devi submitted an application for her appointment on compassionate ground on 24.06.1996. The mother of the petitioner was called for interview and she appeared before the Placement Interview Board at M.R.S. Naisarai on 21.09.1996. However, no decision was communicated to the mother of the petitioner with respect to her request for appointment on compassionate ground. The mother of the petitioner again submitted a written representation on 09.06.1997 before the Project Officer, Lapanga Colliery expressing her willingness for appointment for her son on compassionate ground. The representation of the mother of the petitioner submitted on 09.06.1997 was forwarded to the Personnel Manager, Lapanga Colliery on 18.06.1997 and it was forwarded to the Personnel Manager, C.C.L. with an endorsement that the case may be considered under Clause 9.5.0 PartIII of NCWA V. The petitioner also submitted an affidavit stating his date of birth as 25.06.1981. Though, the petitioner attained age of majority on 25.06.1999 and in the meantime, several representations were submitted to the respondent for appointment of the petitioner on compassionate ground, no decision was communicated to the petitioner. In the meantime, the mother of the petitioner died on 07.01.2008 and thereafter, the petitioner again submitted several representations including representations dated 29.04.2010 and 22.11.2011. By the impugned order dated 31.05.2012, the claim of the petitioner for appointment on compassionate ground has been rejected and therefore, the petitioner has approached this Court by filing the present writ petition.
(3.) A counter affidavit has been filed stating that, at the time when the father of the petitioner died, the petitioner was not eligible for being kept on liveroster and in fact, the mother of the petitioner was also not eligible for appointment on compassionate ground as, she had already crossed the age of 45 years. The relevant paragraphs are extracted below: 5. That the petitioner has filed the instant writ application for quashing the letter dated 31.05.2012 (Annexure12) and 20.07.2012 (Annexure12/A) by which his case for appointment on compassionate ground was rejected on the ground that on the date of death of his fatherdeceased employee, he was less than 15 years of age and was not even eligible for enrollment of his name in the live roster for employment on attaining the age of 18 years and for a further direction that he may be allowed monetary compensation under the provisions of National Coal Wage Agreement from the date of death of the employee till the date when he attained his majority and applied for his compassionate appointment. 12. That it is stated that Smt. Jarmania Devi was subjected to age assessment by medical board and the medical board on 29.04.1997 assessed the age as between 53 and 58 years. 13. That it is stated that it is pertinent to mention that under the provisions of National Coal Wage AgreementV, dealing with the cases of compassionate appointment vide its para 9.5.0(ii) inter alia provides that if the female dependent is below the age of 45 years, she will have the option either to accept the monetary compensation of employment and in the event, the female dependent is above 45 years of age, she will be entitled only to monetary compensation and not to employment. 16. That it is stated that at this stage it is relevant to quote that the relevant provision of NCWAV vide para 9.5.0 (III) dealing with the cases of compassionate appointment inter alia provides that a male dependent 15 years and above in age will be kept in the live roster for employment on attaining the age of 18 years and during the period when the male dependent is kept in live roster the female dependent will be paid monetary compensation. 26. That it is stated that the employee died on 04.10.1995 and by now about 18 years time has elapsed. By expiry of such a considerable time, the purpose and object of the compassionate appointment to give immediate relief to the distress family members is defeated. On that score alone, the writ application is not maintainable. 27. That it is stated that the provision of compassionate appointment has been included in the National Coal Wage Agreement (N.C.W.A.) only with a view to help the family of the deceased employee to tide over the immediate hardship which the family of the employee is subjected to on the death of the their sole breadearner. Such request cannot be considered after lapse of several years of death of the deceased employee, as by that time, the very purpose of compassionate appointment gets frustrated.";