S.N.PATHAK,J. - (1.) Heard learned counsel for the petitioners and learned counsel for the respondents.
(2.) The petitioners have approached this Court with the following prayers:- (I) For an appropriate writ in the nature of mandamus commanding upon the respondents particularly respondent No. 7 to send to this Hon'ble Court all the records appertaining to issuance of letter dated 30.03.2016 vide reference No. 762, wherein it has been intimated to the petitioners that according to the provisions of National Coal Wage Agreement (for short "NCWA"), mother of the deceased employee does not come within the category of the dependent as enshrined under Clause 9.3.0 of the NCWA. (II) For a further writ in the nature of mandamus commanding the respondents to immediately consider the case of petitioner No. 1 for compassionate appointment in place of her deceased son. (III) For a further writ commanding the respondents to frame the National Coal Wage Agreement and its provisions taking into consideration the case of such workers either male or female who are unmarried and on whom in spite of full dependency of their parents, sisters and brothers, their cases are not considered for compassionate appointment on the ground that parents i.e. mother, father and dependents i.e. brothers and sisters do no come within the purview of the dependents as enshrined under Clause 9.3.0 of the NCWA. (IV) For a further direction upon the respondents particularly respondent No. 7 to consider the case of petitioner No. 1 as a special case in view of the fact that during her lifetime she lost her husband and became widow at a very early age and offered employment to her only son Kundan Prakash, after giving no objection on the ground that he would maintain her as well as his inborn blind sister and his another sister who has just been married in the year 2014. (V) For a further direction upon the respondents to consider the case of the petitioner No. 1 taking into consideration the fact that after death of her son, late Kundan Prakash, she (the widow mother), a completely blind sister of late Kundan Prakash namely, Puja Kumari are left without any source of income. FACTUAL MATRIX
(3.) The husband of petitioner No. 1, late Anil Kumar had been working under the respondent-CCL and died in harness while on duty. Thereafter, according to the provisions of NCWA-IX, his son Sri Kundan Prakash was granted compassionate appointment in lieu of his deceased father. Subsequently, vide office Order dated 05.08.2011, the son of petitioner No. 1 was posted at Regional Store, Kuju Area. The petitioner No. 1 had also granted no objection certificate mentioning therein that her son would take care of his mother (petitioner No. 1), inborn blind sister, Puja Kumari and also his unmarried sister at that time namely, Seema Kumari. Thereafter, Seema Kumari solemnized her marriage in the year 2014 with one Mukesh Kumar. At the time of grant of appointment letter, the son of petitioner No. 1 submitted an nomination form in Form PS-3, wherein the name of petitioner No. 1 stands at Sl. No. 1 as his mother, name of Puja Kumari appears at Sl. No. 2 as his sister, who at the relevant time was 18 years of age and is completely blind and the name of his another sister Seema Kumari appears at Sl. No. 3.;