D.K. Sinha, J. - (1.) This appeal has been preferred against the judgment and order dated 28-1-2009 passed by the learned single Judge in W.P. (S) No. 247 of 2009, by which the representation of the petitioner/appellant herein claiming compassionate appointment in place of his mother was rejected.
(2.) The petitioners father, who admittedly was an employee of B.C.C.L., Gobindpur Colliery, on the post of Fireman, expired on 29-1-1987 while he was in service. After his death, the petitioners mother on an application made by her was offered an appointment by the Management of the respondent-B.C.C.L. as the petitioner admittedly was a minor at the time of the death of his father. The petitioners mother declined to accept the job of Wagon-Loader as she herself stated that she was incapable and would not be capable to discharge the duties as Wagon-Loader being handicapped.
(3.) The petitioners mother had filed a representation before the respondent in the year 1996 and submitted that as she was not capable of discharging duties of Wagon-Loader, she should be granted compassionate appointment by way of an alternative employment in place of a Wagon-Loader. The representation remained pending for long but was never responded. The petitioners mother repeated her representation by filing a fresh one in the year 1998 and on this occasion, she requested that as she was not in a position to discharge the duties of a Wagon-Loader, her son who had attained majority by that time i.e. in the year 1998, should be offered the appointment. The representation did not meet with any response from the B.C.C.L. for more than a decade and the petitioner, therefore, another representation in the year 2008 the authority concerned, but no heed was paid to this one also, and finally the petitioner filed a writ petition before the learned single Judge claiming that the compassionate appointment was neither granted to her mother, nor to him and the same still is pending as no order of rejection has been passed on the same. As already stated, the learned single Judge was pleased to reject the writ petition and hence, this appeal.;