VIRENDER SINGH,C.J. - (1.) Aggrieved of the dismissal of the writ petition being W.P(S) No.4558/2013, vide impugned order dated 29thth April, 2015 whereby, the appellant writ petitioner (hereinafter referred as petitioner) has preferred the instant Letters Patent Appeal, which is on board in the admission column but with the consent of learned counsel for both the sides we have taken it for its final consideration.
(2.) Petitioner's father who was working in Kuju Colliery of the respondent-Central Coalfields Limited (for short C.C.L) went missing since 1999. He ultimately died on 24thth October, 2006 and it is thereafter his name was deleted from the roll of C.C.L. The case of the petitioner as set up in the writ petition is that he had applied for compassionate appointment on 26thth February, 2007 i.e after four months of the death of the deceased employee but his case was not considered. The stand taken by respondent C.C.L before the Writ Court as one finds from the counter-affidavit is that the application dated 26thth February,2007 was never received in the office of respondent-C.C.L and that the petitioner ultimately submitted application in the prescribed format on 14thth August,2012 i.e after the gap of six years. Since respondent-C.C.L had joined issue with regard to the receipt of the application dated 26thth February, 2007 to which finding returned by learned Writ Court is that the petitioner has not been able to bring on record any evidence to substantiate the said plea and there being refusal on the part of the respondent-C.C.L in this regard, it raises a disputed question of fact which cannot be decided by the Writ Court. Learned Writ Court observing that the claim for compassionate appointment cannot be allowed beyond the time prescribed under relevant N.C.W.A circular in vogue, dismissed the writ petition filed by the petitioner which gave him a cause to move this Court in the instant Letters Patent Appeal.
(3.) Heard Mrs. M.M. Pal, learned Senior Counsel appearing for the petitioner and Ms. Pooja Kumari, learned counsel appearing for the respondent-C.C.L and perused the writ court records, memo of appeal and other documents attached thereto.;