S.N. Pathak, J. - (1.) Heard Mr. Mahesh Tiwari, learned counsel appearing for the petitioner and Mr. Rajesh Lala, learned counsel appearing for the respondents.
(2.) By filing the instant writ application, the petitioner has prayed for following reliefs:- (i) For an appropriate writ in the nature of mandamus commanding upon the respondents particularly, respondent Nos. 4 and 5 to send to this Hon'ble Court all the records appertaining to the service of the petitioner which was to be granted, but which had been returned by the Headquarter vide its letters dated 26.07.1994/ 12/22.11.1994 to the Manager of Mandman Colliery and after which services on compassionate ground was not granted to the petitioner Sitaram Bhuian in place of his wife, who died in harness, namely, late Bijola Bhuian, Ex. Stack Loader of Mandman Colliery. (ii) Thereafter further pleased to direct the respondents to consider the case of the son of the petitioner, namely, Kanhai Bhuian for employment in the services of the Colliery in lieu of his mother Bijola Bhuian, who ded in harness, but for which employment was prayed for on behalf of the father Sitaram Bhuian, but subsequently, papers were returned and now, his father has crossed the age, as such, employment is being demanded for the son of the petitioner Sitaram Bhuian according to the provisions of the National Coal Wage Agreement. (iii) For a further writ in the nature of mandamus commanding upon the respondents to immediately and forthwith grant employment to the son of the present petitioner, namely, Kanhai Bhuian according to the provisions of NCWA as his mother Bijola Bhuian died while in service Mandman Colliery.
(3.) The case of the petitioner as stated in the writ application is that the wife of the petitioner, namely, Bijola Bhuian, was as Stacker/ Loaders in Mandman Colliery under Mugma Area of M/s. Eastern Coalfields Limited. The said Bijola Bhuian was first married with one Jagdish Bhuian and out of their wedlock they have been blessed with one son, Prakash Bhuian. Jagdish Bhuian died in the year 1982 and thereafter, she performed her second marriage with the present petitioner in the year 1984 and out of their wedlock Kanhai Bhuian was born in the year 1985. Unfortunately, the said Bijola Bhuian had died in harness while on duty, leaving behind the following members as her legal heirs/ dependents:- (a) Sitaram Bhuian (her husband), (b) Prakash Bhuian (her son from her first marriage), (c) Kanhai Bhuian (her son from her second husband-petitioner herein). After the death of Bijola Bhuian, payment of CMPF amount was also paid to the present petitioner. Thereafter, the petitioner applied for his employment on compassionate ground as per the provisions contained in Clause 9.4.3 of the NCWA, wherein, there is a specific provision that in case of death of an employee while in service, employment is to be given to the dependent of the said employee. After submission of application by the petitioner, the Manager of Mandman Colliery vide letter dated 28/29.07.1993 was apprised of the entire scenario with regard to the appointment to be given to the present petitioner after the death of his wife. Finally, by letter dated 26.07.1994/19/22.11.1994, the entire file of the present petitioner with regard to the compassionate appointment was returned to the Personnel Manager (I/c.), Mugma Area. Vide note sheet No. 160 of M/s. Eastern Coalfields Ltd., it was clarified that the matter of employment on compassionate ground, has not been delegated to the General Manager of the concerned Area.;