SHREE CHANDRASHEKHAR,J. - (1.) Seeking quashing of order contained in letter dated 17.01.2011 by which application seeking employment for her son on compassionate ground has been declined, petitioner has approached this Court.
(2.) Briefly stated, petitioner is the widow of the employee-Atwa Oraon who was employed as 'Trammer' at Central Saunda Colliery under the respondent-Central Coalfields Limited. He died in harness on 21.01.2008. An application seeking employment for her son Sanichara was filed on 28.06.2008. This application was received in the office of the respondents on 30.06.2008. The petitioner and her son-Sanichara appeared before the Screening Committee on 09.04.2010. Finally, claim for compassionate appointment was declined on 17.01.2011 on the ground that son of the petitioner has crossed the age of 35 years. The respondents have filed counter-affidavit pleading that as on the date of application, that is, 28.06.2008 the claimant has attained the age of 35 years 02 months and 29 days. In the service-excerpts age of Sancihara-claimant has been recorded as 14 years as on 01.04.1987. In PS-3 Form his age has been recorded as 29 years as on 09.09.2002 and in L.T.C. Form-A his age was recorded as 21 years which was recorded as on 15.09.1995.
(3.) The learned counsel for the petitioner submits that as per his age recorded in the service-excerpts the petitioner had not crossed the age of 35 years when his father died on 21.01.2008. Under Clause 9.3.4, the claimant should not be aged more than 35 years and there is no prescription that the claimant should not have crossed the age of 35 years as on date of application. Opposing the aforesaid contentions, Mr. Rajesh Lala, the learned counsel for the respondent-Central Coalfields Limited submits that age of the claimant recorded in the service-excerpts of the deceased employee is binding on him and moreover, in the application dated 28.06.2008, claim for compassionate appointment is founded on the entry in the service-excerpts itself. The learned counsel has relied on Clause 9.3.4 of National Coal Wage Agreement to support his contention that age of a claimant has to be reckoned as on the date of application.;