- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order of direction in the nature of certiorari for quashing the letter dated 6th April" 2002, as contained in Reference No. KTW/IWO/9.3.2/434, vide which the application of the petitioner for com passionate appointment was rejected on the ground that the application filed was delayed by few months.
(2.) THE facts, in brief, are set out as under: - Father of the petitioner, namely, late Hopan Manjhi, working as Fitter Grade -III, died -in -harness on 8th September, 1999. The petitioner herein, who is the son of deceased employee, after obtaining the death certificate and other required testimonials, filed an application alongwith the affidavit on 30.11.2000 before the Management of respondent -Central Coalfields Limited (in short 'C.C.L.') for appointment on compassionate ground. The respondent -Management vide letter dated 6th April, 2002 informed the petitioner that his application for compassionate appointment was rejected since he had submitted the application after 6 months as required vide circular dated 12.12.95 framed under Clause 9.3.2 of the National Coal Wage Agreement. The petitioner being constrained immediately made a representation on 19th May, 2002 and justified the cause for delay, which occurred due to Parliamentary Election and, thus, he could not get the requisite testimonials and certificates from the officials of the District Administration. The petitioner has challenged the rejection letter dated 6th April, 2002 and the same is impugned herein in the present writ petition. The main ground on which the petitioner challenges the order of rejection is that the same is arbitrary and mala fide since no period has been prescribed in Clause 9.3.2 for submission of application. It has also been contended that he was fully eligible and entitled for compassionate appointment. He has also justified the cause for delay of about six months in making the application. It was also contended that no reason has been assigned for rejecting the application of the petitioner for compassionate appointment.
(3.) THE issue with regard to compassionate appointment in Public Sectors/Companies in accordance with National Coal Wage Agreement has come up for consideration time and again and in a recent judgment concerning the respondent -C.C.L. itself the Hon'ble Supreme Court in the case of Mohan Mahto VS. Central Coal Field Ltd., as repotted in (2007)8 SCC page 549 held that compassionate appointment was an exception to Article 16(1) of the Constitution and while allowing the appeal of the claimant held that no period of limitation was provided under the settlement and since it was a beneficial provision, such circular providing limitation period was not only required to be strictly complied with but also was required to be read keeping in view the settlement entered into by and between the parties and. thus, the beneficial provision made under a settlement by the "State" within the meaning of Article 12 of the Constitution was expected to be acted reasonably and, thus, the limitation period should also be provided in a reasonable manner and it is expected by the respondent authorities, which is the State, to act reasonably and bona fide.;