JUDGEMENT
DR.S.N.PATHAK,J. -
(1.) Heard the parties.
(2.) The petitioner has approached this Court with a prayer for issuance of directions upon the respondents to appoint him on compassionate ground after the death of his mother.
FACTUAL MATRIX
(3.) The mother of the petitioner was an employee of M/s Central Coalfields and she was lastly posted as Cat-II in Giddi 'A' colliery P.O. and P.S. Giddi A' District-Hazaribagh. The mother of the petitioner, Sarbari Begum got employment after the death of the father of the petitioner, late Jamiruddin, who was working in Giddi 'A' colliery in the year 1989. The mother of the petitioner, Sarbari Begam died in harness on 10.06.2002. After the death of his mother, the petitioner filed an application on 15.03.2003 for compassionate employment along with affidavit of his family members showing no objection. As per L.T.C., which was availed by the mother of the petitioner in the year 2001-2003, there was mention about the name of the petitioner in the said document. It is also stated that as per relationship certificate issued by the C.O. Churchu, District Hazaribagh on 20.01.2003 and B.D.O. Churchu, Dist-Hazaribagh letter dated 06.09.2003, it is apparent that the petitioner is the son of the deceased employee.
It is stated that the respondent no.6 informed to the petitioner through letter dated 07.08.2003 that his application is incomplete and the witnesses have withdrawn their statement. Upon such communication, the petitioner once again appeared before the respondent no.6 and completed his application and again produced witness of permanent employee of CCL and informed to the concerned authority that he was living at his native place and if any doubt regarding the genuinity of the petitioner, the same can be verified by the State authority and thereafter, the respondents sent letter to Superintendent of Police, Hazaribagh and Samastipur (Bihar). As per the letter dated 21.01.2004 issued by the respondent no.6 for appearing on 28.01.2004 at 11.a.m. at the Project Officer, Office of Giddi 'A' before the Screening Committee/Examination with request to bring original documents with other dependent of late Sarbari Begum, the petitioner appeared before the respondents with all the documents, affidavit and witness of two employees of the CCL.
It is also stated that vide letter dated 24/29-09-2003 of respondent no. 5, the case of the petitioner has been referred to the Superintendent of Police, Hazaribagh for to ascertain the genuinity of the petitioner. In response to the above letter, the S.P., Hazaribagh through his letter dated 16.03.2004 has informed the respondent no. 5 about the genuinity of the petitioner.
It is stated that the respondent has also sent letter dated 27.06.2006 to the Superintendent of Police Samastipur (Bihar) which was the native place of the petitioner, to inquire the genuinity of the petitioner. Vide letters dated 13.07.2006 and 15.12.2006 of Asst. Police Inspector, P.S. Patori, District-Samastipur (Bihar) and Superintendent of Police, District-Samastipur (Bihar) respectively, it was informed to the respondent no. 6 that the petitioner is the real son of late Jamiruddin and late Sabari Begum of Village Satpur under P.S. Patori, District-Samastipur. After receiving the enquiry reports of Superintendent of Police, Hazaribagh in 2004 and Superintendent of Police, Samastipur (Bihar) in 2006, the respondent no.6 through his letter dated 3/07-12-2008, once again called the petitioner to appear before the rescreening committee on 09.12.2008 for reexamination along with all certificates and other related reports in original and also with photo copy of duly attested affidavit of two witnesses of permanent employee of CCL. Thereafter, the petitioner appeared before the said Screening Committee with all the original papers and other required documents as well as two permanent employees of CCL as witness. Thereafter, the respondent No. 6 informed to the petitioner vide letter dated 6/07.09.2012 that his case under Para 9.3.0 of NCWA, was forwarded to the Area H.Q. and called to meet the respondent No. 6 immediately. It is also stated that petitioner again called along with original Identity Card and other technical educational certificates. Upon which the petitioner appeared before the respondent No. 6 along with original I.D and two witness of permanent employee of CCL. It is also stated that the petitioner was again called before the Committee constituted on 14.08.2015 along with the documents and 5 witnesses of CCL, but when the Committee members tried to take signature/thumb impression on blank paper, they did put their signatures on it. It is further alleged that petitioner is facing different enquiry but no appointment letter has been issued by the respondents, hence, this writ petition has been filed. ;
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