- (1.) Heard the parties.
(2.) Learned counsel, Mr. Deen Bandhu, assisted by learned counsel, Mr. Abhijeet Kumar Singh appears on behalf of the petitioner and respondent-CCL is represented by Mr. D.K. Chakraborty. The petitioner has challenged the order dated 09.09.2014 passed by respondent no.2 whereas it has been held that the claim of compassionate appointment of the petitioner is not maintainable as per the provisions of NCWA. The facts of this case in narrow compass are as follows:- The father-in-law of the appellant died in harness 11.08.2005 and thereafter the wife of the appellant submitted an application on 02.11.2005 seeking employment on compassionate ground. However, vide order dated 09.03.2006 the application claiming the appointment on compassionate ground of Smt. Parvati Devi, the wife of the petitioner was rejected on the ground that there is no provision for appointment on compassionate ground for married daughter. The wife of the deceased employee-late Jit Ram Manjhi thereafter on 26.04.2006 requested the authorities to consider the appointment of her son-in-law for appointment on compassionate ground. Earlier the petitioner had submitted the application in prescribed format on 08.08.2006. The respondent authorities had asked the petitioner to submit the documents in support of his claim that was dependency on the earning of father-in-law and accordingly the petitioner submitted the dependency certificate issued vide letter dated 18.07.2006 by Anchal Adhikari, Ramgarh. Again the respondent authorities vide letter dated 11.08.2006 asked time to submit indemnity bond and statement of all the family members of the deceased which were furnished by the petitioner to the respondent authorities vide letter dated 19.08.2006. The claim of the petitioner was rejected vide letter dated 16/17.06.2008 stating that his case for appointment has not been considered by the competent authority under Para 9.3.0 of N.C.W.A.-VII.
(3.) Being aggrieved, the petitioner moved this Court by filing writ petition i.e. W.P. (S) No.5885 of 2008 which was dismissed vide order dated 26.02.2014. Against the dismissal, the petitioner moved this Court preferring L.P.A. No.134 of 2014. The Hon'ble Division Bench vide its order dated 28.04.2014 allowed the Letters Patent Appeal with the following observations:- "In view of the aforesaid observations and directions, the impugned order dated 26.02.2014 is set aside and this Letters Patent Appeal is allowed. The respondent no.2 is directed to consider the claim of the appellant afresh, in the light of the above direction, within a period of four months from the date of receipt/production of copy of this order." ;