Pramath Patnaik, J. - (1.) The aforesaid writ application has been filed for quashing the letter dated 8-7-2015 vide Annexure-19 to the writ application and for a direction to the respondents to provide the benefits of provisions of 9.3.0 of the National Coal Wage Agreement, hereinafter to be referred in short as "N.C.W.A." for providing appointment on compassionate ground.
(2.) The brief facts, as disclosed in the writ application is that the father of the petitioner, namely Laxmi Ravidas (now deceased) was appointed by the respondents as CAT-I Mazdoor in Topa Colliery. After the death of the father of the petitioner, an application for compassionate appointment of the eldest brother of the petitioner i.e. Santosh Ravidas was submitted, but unfortunately, the eldest brother of the petitioner also died prior to his appointment. Admittedly, the petitioner is the youngest son of the deceased-employee. After the death of the father of the petitioner, the mother of the petitioner, Samudri Devi, who was the nominee and dependent of her husband made representation before the Personnel Manager vide letter dated 28-6-2002, praying, therein, for examination of her age by the Medical Board, as her age was recorded in the service records of her husband more than her actual age. Thereafter, representation was submitted before the respondents seeking appointment of the eldest brother of the petitioner, namely, Santosh Ravidas under the provisions of 9.3.2 of the N.C.W.A. by the petitioner's mother. The case of the appointment of the petitioner's brother under the provisions of 9.3.2. of the N.C.W.A. was forwarded and it was considered by the duly constituted Screening Committee. Vide letter dated 4-5-2004 (Annexure-9), the brother of the petitioner was asked by the respondent No. 2 to contact the Personnel Department of the Kuju Area regarding the date of interview with reference to the application for employment under 9.3.2 of the N.C.W.A., but the said Santosh Ravidas died on 24-12-2002 as evident from Annexure-10 to the writ application. Thereafter, the mother of the petitioner made an application before the Management for employment of her daughter, namely, Shanti Devi under 9.3.2 of the N.C.W.A. on compassionate ground in place of her late husband, namely, Laxmi Ravidas. In the year 2012 vide Annexure-14, mother of the petitioner, submitted an application for employment of the petitioner on compassionate ground in place of her deceased-husband. The case of the petitioner for employment was forwarded by the Manager (Personnel) to the Project Officer, Topa Colliery (Respondent No. 4) for onsideration and onward transmission to the office of the Staff Officer CP and A. Kuju Area for further action. Again, the mother of the petitioner made a representation before the respondents requesting, therein, for compassionate appointment of her son. Vide Annexure-16 to the writ application, the mother of the petitioner was requested by the respondents Company to furnish information as well as relevant documents on the issues stated therein, in order to examine the case of the petitioner for appropriate action vide Annexure-17. In response to the aforesaid letter, the mother of the petitioner submitted all required documents to the senior Manager (Personnel), Topa Colliery (Respondent No. 3) for needful action. Vide order dated 8-7-2015 (Annexure-19), the respondent No. 3 has regretted the petitioner's prayer for consideration of his compassionate appointment. Being aggrieved by the impugned order dated 8-7-2015, vide Annexure-19 to the writ petition, the petitioner, left with no other alternative and efficacious remedy, has knocked the door of this Court under Article 226 of the Constitution of India, for redressal of his grievances.
(3.) Heard Mr. Gautam Kumar Singh, learned counsel for the petitioner as well as Mr. Bhaiya Vishwajeet Kumar, learned counsel for the respondents-CCL.;