S. N. Pathak, J. - (1.) Invoking the inherent power of this Court under Article 226 of the Constitution of India petitioner has preferred this writ petition to quash the letter No. 2065 dated 18.07.2013 by which claim of petitioner for compassionate appointment has been rejected keeping in view that his age differs from matriculation certificate and service excerpt.
(2.) From the factual matrix of the case, it transpires that father of petitioner was an employee of Central Coal Fields Limited (in short C.C.L.) and was working under the respondents on the post of Dumper Operator, Piparwar Project, Piparwar Area who died in service period. After the death of his father, the petitioner applied on prescribed Form under Clause 9.3.0 of N.C.W.A. It is stated that the father of the petitioner was illiterate person and as such the service sheet (Form G-04) was filled up by the Clerk of the office of the respondents. The petitioner is elder son of the deceased employee late Kapildev Singh which appears from the service excerpt and there is no dispute amongst the legal heirs of late Kapildev Singh with regard to claim of compassionate appointment. Vide letter No. 4773 dated 21.11.2013 the respondent No. 4 asked about the verification of educational certificate of the petitioner so that a decision be taken up for compassionate appointment. Thereafter, vide letter No. 2065 dated 18.07.2013 the respondents have rejected the claim of compassionate appointment of the petitioner that there is variance in age as mentioned in the matriculation certificate and that of service excerpt of the deceased employee. Hence, this writ petition.
(3.) Learned counsel for the petitioner submits that matriculation certificate is an authentic and valid document and the same has been duly verified by the respondents through the Bihar School Examination Board from where petitioner had passed matriculation examination. Learned counsel further submits that if the respondents had to take a decision on compassionate appointment on the basis of service excerpt of late Kapildev Singh then what was the occasion to ask for the matriculation certificate and for getting it verified from the Bihar School Examination Board and when after verification it was found to be genuine certificate, the respondents are again relying on the service excerpts regarding the age and not considering the matriculation certificate duly issued and verified by the Bihar School Examination Board. Learned counsel further submits that the service excerpts has been filled up by the then clerk of the office of the respondents and, therefore, they cannot take the ground for age determination and as such, the petitioner has a good case for consideration.;