N.N.TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the order contained in Memo No. 1908/04 dated 18th May, 2004 (Annexure -4), whereby the petitioner's application for compassionate appointment has been rejected only on the ground that he is the son of the second wife of the deceased employee.
(2.) ACCORDING to the petitioner, he is the son of the deceased employee and was dependant on him and that under the provisions of Clause -9.3.2 of the National Coal Wages Agreement (NCWA), he is entitled for compassionate appointment after the death of his father, it has been stated that the petitioner's father, Late Bhola Raj -war, died in harness on 16th December, 2001 and the petitioner, being dependant, applied for compassionate appointment, but by the impugned order, his prayer for compassionate appointment has been rejected on the said ground. It has been stated that it is now well settled that the requirement of the provisions for compassionate appointment does not discriminate between the son of the first wife and son of the second wife and as such, the respondents cannot discriminate against on that basis. In this regard, reference may be made to the decision of the Supreme Court in the case of Bharat Coking Coal Ltd. and Ors. V/s. Ujjawal Kumar Roy and Ors. reported in 1998 (1) PLJR 769. Learned counsel, appearing on behalf of the respondents, does not dispute the said legal position. However, he has submitted that the petitioner has belatedly approached this Court though his claim was rejected as far back as on 18th May, 2004.
(3.) AFTER hearing learned Counsel for the parties and considering the materials and said legal position, I find no substance in the contention of the respondents. Only on the ground of delay, the door of justice for exercising the power under Article 226 of the Constitution cannot be shut out when the petitioner is found legally entitled to get relief and whose right has been illegally and arbitrarily denied by the respondents. Thus, this writ petition is allowed.;