Prashant Kumar, J. - (1.) In this writ application, the petitioner has prayed for quashing the letter dated 26.03.2014 (Annexure -6) issued by General Manager (Min)/Project Officer SDQ -1(Kalyni Project), Central Coalfields Limited, whereby claim of the petitioner for compassionate appointment has been rejected and benefit of terminal dues admissible on the death of petitioner's father has also been refused.
(2.) The fact of the case in brief is that the petitioner's father, late Sailendra Kumar, was working in the Central Coalfields Limited as driver -cum - Mechanic Cat -IV at Filter Plat, Civil Section, SDQ -1 Kalyani Project. It is further stated that while working so, he died on 16.08.2013. It is further stated that petitioner's father performed his duty till 13.08.2013. However, he fell ill, therefore, admitted in the Central Coalfields Limited Hospital for treatment. In course of treatment he died on 16.08.2013. It is stated that during his life time, a departmental proceeding initiated against him. It was alleged that he obtained employment fraudulently by impersonation. It is stated that petitioner's father filed reply in the said departmental inquiry and requested to exonerate him from the charges as the allegation made against him is incorrect. It is stated that during pendency of the said departmental inquiry, petitioner's father died on 16.08.2013. It is specifically stated that till the death of petitioner's father, the aforesaid departmental proceeding could not be concluded, therefore, no punishment order passed against him. It is further stated that after the death of the petitioner's father, petitioner's mother filed an application for providing employment to the petitioner as per Clause 9.3.0 of the National Coal Wage Agreement (N.C.W.A). She also prayed for payment of death -cum -retiral dues of her late husband. It is stated that the aforesaid prayer for compassionate appointment of the petitioner, as well as payment of death -cum -retiral dues has been rejected by the respondents vide order dated 26.03.2014 on the ground that late Shailendra Kumar (petitioner's father) had obtained employment fraudulently by impersonating himself as son of late Ramdas Bhuiyan, who belongs to schedule caste community, whereas petitioner's father Shailendra Kumar belongs to upper caste, thus, employment of the petitioner's father is non -est in the eye of law. The aforesaid order has been challenged in this writ application.
(3.) A counter -affidavit filed on behalf of the Central Coalfields Limited, in which it is stated that one Rameshwar Singh, Ex -Mukhia, Village -Balia, District - Aurangabad (Bihar) lodged a complaint with the respondents, wherein he alleged that petitioner's father namely, Shailendra Kumar was by caste Rajput and he was working in the company as son of Ramdas Bhuiyan, resident of Latehar, District - Palamau, though he was resident of Village -Balia, District - Aurangabad (Bihar). After receiving the aforesaid complaint, a preliminary inquiry conducted, wherein it was found that the petitioner is son of Nakul Deo Singh of Village -Balia, Aurangabad (Bihar). Therefore, he obtained employment in Central Coalfields Limited by playing fraud. It is then stated that thereafter, a departmental proceeding initiated against the petitioner. In the said departmental proceeding, petitioner filed his reply. It is stated that the said inquiry concluded on 01.05.2012 and thereafter, the Inquiry Officer submitted his report on 10.10.2013, wherein the Inquiry Officer stated that the charges levelled against the petitioner's father have been proved. It is further stated that on the basis of aforesaid Inquiry Report, the Competent Authority found that the appointment of petitioner's father is non -est in the eye of law, because he obtained employment by playing fraud. It is submitted that in view of the aforesaid findings, petitioner is not entitled for compassionate appointment nor the company is liable to pay death -cum -retiral benefit of the petitioner's father to the petitioner.;