S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition related to compassionate appointment of the petitioner, whose claim has been rejected on the ground that a disabled person cannot be appointed on compassionate ground. The petitioner has challenged the order contained in letter No. 723, dated 12/13th July, 2004, issued by the Area Personnel Manager, Katras Area, Bharat Coking Coal Limited (hereinafter to be referred as BCCL in short). The said decision having been communicated to the petitioner vide letter No. 739, dated 24/26th July, 2004 issued by Project Officer, Ram Kanali Colliery, Katrsagarh, Dist. -Dhanbad, he has also challenged in the same.
(2.) FATHER of the petitioner, late Gayasuddin Mian who was in the services of BCCL, died in harness on 16th December, 2003, while posted as foreman in Ram Kanali Colliery, Dhanbad. The petitioner, thereafter, applied for compassionate appointment, but his claim was rejected on the ground that he is a disabled person. Petitioner has not disputed the fact that he is a disabled person and is suffering from locomotor disability, more than 40% According to him, a disabled person is also entitled for compassionate appointment.
(3.) ON the other hand, according to the counsel for the BCCL, in terms of Paragraph 9:4:O: of N.C.W. Agreement -VI, such employment can only be given to a dependent, who is otherwise physically fit.;