D.N.PATEL,J. - (1.) This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(S) No.305 of 2016 dated 19th May, 2016, whereby the petition preferred by respondent no.1 was allowed and the direction was given to this appellant, who is original respondent to consider the case of the respondent-female legal heir of the deceased employee on merit for compassionate appointment.
(2.) Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that the father of respondent no.1 expired on 27th March, 2005 when he was serving with this appellant as Class-IV employee Driver. The eldest legal heir of the deceased father was respondent no.1 (original petitioner), who was as on date of death of the father of the original petitioner was 12 years and one month age.
(3.) It appears from the National Coal Wage Agreement that the name of minor is to be kept in live roster so that as and when they attains the majority, the compassionate appointment can be given.;