M.KARPAGA VINAYAGAM, C.J. - (1.) Refusal to show compassion on the part of the employer for giving compassionate appointment to the petitioner, the son of the deceased employee, has driven the petitioner to file this writ petition, seeking for compassionate appointment.
(2.) RAMAUTAR Chaudhary, the father of the petitioner was a permanent employee of Central Coalfields Limited, holding the post of Security Sub Inspector, Religara Colliery. He died on 2.8.1999. After the death of her husband, the petitioner's mother made an application on 10.04.2000 to the Project Officer of the Company for appointment of her son, the petitioner herein on compassionate ground, under Clause 9.3.2 of NCWA V (National Coal Wage Agreement - V). The said application was rejected by the authority of the respondent company on 09.05.2006 on the ground that the application for compassionate appointment was not made within the period of time fixed. Challenging the same, Satya Narayan Choudhary, the son of the deceased, the petitioner herein has filed this writ petition seeking for the quashing of the rejection order dated 09.05.2006 issued by the respondents and to direct the respondents to give compassionate appointment to the petitioner under Clause 9.3.2 of NCWA. When this writ petition came up before the learned Single Judge, the counsel for the petitioner as well as the counsel for the respondents cited number of judgments of Division Bench giving the contrary views with regard to the period of time within which the application has to be made. Therefore, by the order dated 20.04.2007, the learned Single Judge referred the matter before the appropriate Bench to decide the question in issue. That is how this matter has come up before this Bench.
(3.) THE case of the petitioner is as follows: (a) The father of the petitioner, who was a permanent employee of the CCL, died in harness on 02.08.1999. (b) After the death of petitioner's father, his mother, namely, Smt. Sugia Devi made an application on 10.04.2000 before the respondents for compassionate appointment for her son, the petitioner herein. (c) On 29.05.2000, the application was returned by the respondents on the ground that the delay in filing the application after expiry of six months' period was not satisfactorily explained. Further the applicant was asked to give more relevant particulars for considering the compassionate appointment. (d) Giving those relevant particulars as well as the explanation for the delay, the petitioner's mother sent back the application stating that her family had no knowledge about the six months' time period fixed for presenting the application. (e) On receipt of the same, the respondents, through their letter dated 11.02.2001, directed the petitioner's mother to submit succession certificate after obtaining the same from the Court. (f) The mother of the petitioner sent two letters on 29.08.2001 and 16.09.2002 requesting the respondents to consider the appointment for her son even without the succession certificate as she would not be able to incur the expenditure towards court expenses. (g) However, the said request was rejected. (h) Therefore, the petitioner's mother approached the Court at Daltonganj and ultimately obtained the succession certificate in favour of her son dated 16.06.2004. (i) Thereafter, the said certificate was submitted before the respondents on 13.12.2004. (j) On receipt of the same, the respondents issued a letter on 19.01.2006 directing the petitioner to appear before the Screening Committee for screening on 21.01.2006. (k) Accordingly, the petitioner appeared with all the documents before the Committee, which interviewed him on 21.01.2006. (I) He was, then, declared successful by the Screening Committee. (m) When the petitioner along with his family members were waiting for the appointment order, to their shock, they received a letter dated 09.05.2006 from the respondents intimating to the petitioner and family members that his application for compassionate appointment has been rejected on the ground that the application submitted by the mother of the petitioner was only after expiry of limitation period of six months from the date of death of the employee. Having aggrieved over the rejection, the petitioner has filed this writ petition. ;