- (1.) Prayer in this writ application has been made for quashing the letter dated 07.05.2007 (Annexure-5) issued by the respondent No. 6 whereby the petitioner s prayer for her compassionate appointment was rejected.
(2.) The petitioner s husband was employed under the C.C.L. and was posted at Religarha Colliery. He died in harness on 05.10.2005. The petitioner filed her representation on 16.01.2006 with a prayer for her compassionate appointment in terms of Clause 9.3.2 of the National Coal Wage Agreement (NCWA). The contention of the petitioner is that the application filed by the petitioner was accompanied by all the relevant and requisite documents including the school certificate in confirmation of the age of the petitioner. The further contention of the petitioner is that she had studied up to Class 2 and her School Leaving Certificate, which was obtained in the year 1973, confirms that the petitioner s date of birth is 13th July, 1965.
(3.) The petitioner s application was, however, rejected by the impugned order on the ground that the service record of the deceased employee shows that the petitioner s age was above 45 years on the date of application and since no appointment, even on compassionate ground can be given as per the National Coal Wage Agreement (NCWA) to persons who have crossed the age of 45 years, the petitioner is not entitled for her claim for compassionate appointment.;