D.G.R. Patnaik, J. - (1.) THE petitioner's father Devendra Prasad Jha was in the service of the Central Coalfields Limited and was employed as an U.D.C. in Kedla underground project. He died in harness on 9.4.2003. After his death, his widow applied before the respondent CCL on 26.5.2003 for compassionate appointment under Clause 9.3.2. of the National Coal Wage Agreement VI/VII. The petitioner also moved his application along with the application filed by his widow mother for his compassionate appointment. In response to the application, the petitioner was called upon by the concerned authority of the respondents to appear at the Area Level Screening Committee. The petitioner appeared before the Screening Committee.
(2.) HOWEVER , the petitioner received a letter dated 5.5.2004 (Annexure -7) from the respondents, whereby he was intimated that his application for compassionate appointment was rejected on the ground that his eldest brother was in employment of Indian Army and that, as per norms of the Company, the petitioner cannot be provided with compassionate appointment. Against the aforesaid letter, the petitioner preferred 'appeal' before the General Manager (P&IR), CCL, Ranchi (respondent No. 3) In his appeal, the petitioner had categorically stated that his elder brother had ceased to be dependent of his deceased father ever since 1985 and that, such declaration was made even by the deceased in his service records. On the other hand, it was the petitioner who was shown by the deceased as his dependent. It was stated in the letter of appeal that the eldest brother had severed his relations and connection with the remaining members of the family of the deceased ever since 1985 and this was certified even by the Circle Officer, Sursand on 26.5.2003. In addition, the said eldest brother of the petitioner had also filed his declaration on affidavit that he was in employment in the Indian Army since 1986 and was not in a position to contribute anything to the family of the deceased on account of his own financial liabilities. However, the petitioner's appeal was rejected by the respondent No. 3.
(3.) THE petitioner has challenged the order of rejection of his application for compassionate appointment on the following grounds: i. that, he is dependent of his deceased father. ii. that, his eldest brother had severed his relation with the family of the deceased way back in the year 1985 and was not dependent upon his deceased father ever since after separation. iii. that, even otherwise, his eldest brother was not granted any employment by the respondent CCL on the basis of the service of the deceased. iv. that, under Clause 9.3.2 of the N.C.W.A. VI/VII, the petitioner is eligible and entitled to claim appointment on compassionate grounds.;