- (1.) In this application the petitioner has prayed for quashing the letter dated 6.12.2004 issued by the Personnel Manager, Central Coalfield Ltd. (respondent No. 3), whereby and whereunder, the claim of the petitioner for compassionate appointment has been rejected. It has further been prayed for a direction upon the respondents to consider the case of the petitioner for compassionate appointment in M/s. Central Coalfield Ltd. (C.C.L.)
(2.) The father of the petitioner, late Mangra Munda was employed as a Pay Load Operator/ Crusher Operator in K.D.H. Project of M/s. C.C.L. and in course of his employment he died on 28.11.2001. The petitioner being the daughter of the deceased Mangra Munda applied for compassionate appointment on 14.5.2002, but ultimately it was not considered as the petitioner was aged about 17 years and therefore recommendation was made for monetary compensation under Clause 9.5.0 of the National Coal Wage Agreement (NCWA). The mother of the petitioner, namely, Ghunaria Devi again submitted an application with respect to appointment of her daughter (petitioner) on compassionate ground, but subsequently after movement of the files through various department her claim was rejected on the ground that when the petitioner had attained the age of 18 years, the time limit of one year for making an application for compassionate appointment had already lapsed and in such circumstances, the claim for compassionate appointment of the petitioner was rejected.
(3.) Heard Dr. S. N. Pathak, learned senior counsel for the petitioner and Mr. Ananda Sen, learned counsel for the respondents.;