PRAMATH PATNAIK,J. - (1.) In the instant writ application, the petitioner has sought for quashing of the order dated 28.07.2007 vide Annexure-8, issued under the signature of Personnel Manager, Kathara Washery, whereby the claim of the petitioner for appointment on compassionate ground has been rejected. Further prayer has been made for direction upon the respondents to forthwith give appointment to the petitioner under the provisions of clause 9.3.2 of the National Coal Wage Agreement.
(2.) The brief facts, as narrated in the writ application, are that the father of the petitioner, late Suraj Kanti Ghashi was serving under the respondents-Company, as General Mazdoor Category-I in Kathara Washery. While on duty, he met with an accident on 02.07.2005 and died. Thereafter, application for compassionate appointment under clause 9.3.2. of the National Coal Wage Agreement was made to the respondents-authorities and vide Communication dated 14.07.2005, the petitioner was asked to produce the necessary relevant documents for approval by the competent authority subject to medical fitness. Thereafter, another communication dated 01.08.2005 have been received by the petitioner, whereby it has been communicated that the name of the petitioner is differing in the official records as well as the official application submitted in Godda Thana. Therefore, the petitioner has been directed to submit the necessary documents along with formal application. In pursuance to the communication of the respondents, the petitioner submitted all the required documents. Thereafter, on 10.05.2007, the Personnel Manager, Kathara Coal Washery (Respondent No. 3) has again issued one communication by which the petitioner was directed to submit indemnity bond. Thereafter, the petitioner has been communicated vide order dated 10.10.2007, whereby the claim of the petitioner for appointment has been rejected vide order dated 28.07.2007. Being aggrieved by the rejection of the claim of the petitioner for appointment to the post on compassionate ground, the petitioner, left with no other alternative and efficacious remedy, has knocked the door of this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Heard Mr. Abhijeet Kumar Singh, learned counsel for the petitioner as well as Mr. Amit Kumar Das being assisted by Mr. Chandrajeet Mukherjee, learned counsel for the respondents-CCL.;