Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has interalia prayed for issuance of writ of mandamus commanding upon the respondents to consider for appointment of the petitioner who is unmarried daughter on compensationate ground, whose father was working as U.G. Loador in Badjna colliery, Nirsa Dhanbad who died on 28.09.2003 in harness as a result of Cardiac respiratory failure.
(2.) Shorn of unnecessary details, the facts as disclosed in the writ application in a nutshell is that father of the petitioner namely Arjun Bhuia was working as U.G. Loader in Badjna Colliery Nirsa, Dhanbad in Eastern Coal Fields Limited a subsidiary of Coal India Limited. The father of the petitioner died on 28.09.2003 as per the certificate issued by the Circle Officer, Nirsa, Dhanbad. The list of the family members as has been obtained in which it is evident that the petitioner is a daughter of late Arjun Bhuia. The petitioner duly filed Indemnity Bond sworn before the notary Public on 24.06.2005 for getting an employment in place of her deceased father and for payment of gratuity, life cover scheme amounts lying deposited in the credit of her father. Being aggrieved by inaction of the respondents in not giving employment to the petitioner on compensationate ground, the petitioner has been constrained to knock the doors of this Court under Article 226 of the Constitution of India for redressal of her grievances.
(3.) Learned counsel for the petitioner has submitted with vehemence that the action of the respondents in not considering the claim of the petitioner for appointment on compensationate ground after the death of her father amounts to high-handedness and colourable exercise of power. Learned counsel for the petitioner further submits that the respondents ought to have adhered to the policy of the respondent company for giving the benefit of compensationate appointment in case of death in harness in right prospective. In the case in hand, the respondents have shown utter callousness and indifference in mitigating the grievance of the petitioner.;