Sanjay Kumar Dwivedi, J. - (1.) This letters patent appeal has been filed by the original writ petitioner being aggrieved and dissatisfied by the order of learned Single Judge in W.P.(S) No. 3535 of 2015 whereby and whereunder the learned Single Judge held that the petitioner's prayer for grant of compassionate appointment is not maintainable but so far as the grant of benefit of monetary compensation is concerned that has been left open to the mother of the appellant/petitioner to file an application for the same.
(2.) We have heard the counsels for both the sides. The factual matrix of the case is that the appellant's father i.e. Laxmi Ravidas (now deceased) whose date of birth was 03.05.1950 was appointed as Cat. I in Topa colliery on 26.05.1973. The brother of the appellant, Krishna Ravidas, who was the son of Laxmi Ravidas died on 30.09.1994 and a death certificate dated 15.10.1994 has been brought on record. By filing nomination form dated 25.05.1998, the appellant's mother i.e. Samudri Devi was made nominee of the appellant's father. The deceased employee had three sons namely Krishna Ravidas, Santosh Ravidas and Ramswarup Ravidas. Ramswarup Ravidas is the appellant/petitioner. The deceased was also having three daughters namely Urmil Kumari, Anita Kumari and Shanti Kumari which is evident from the particulars of family vide form PS-3 ie. Annexure-3 to the LPA. The appellant's father died on 16.04.2002 in harness and the death certificate to that effect dated 02.05.2002 had been issued by the Government of Bihar which is at Annexure-4 to the LPA. The wife of the deceased Samudri Devi informed the Management of Topa Colliery about the death of her husband on 17.04.2002. On 28.06.2002, the wife of the deceased being the nominee and the dependent of her late husband made a representation before the Personnel Manager for examining her by medical board for the purpose of determination of her age on the pretext that her age was recorded in the service record of her husband more than her actual age and by this application she also prayed for employment on compassionate ground. In the meantime, on 30.08.2002 another form for employment under provision of 9.3.2 of the National Coal Wage Agreement-VII (NCWA-VII) was submitted for employment of appellant's brother namely Santosh Ravidas. The appointment process of appellant's brother was set in motion on 04.05.2004 by directing him to contact the Personnel Department of Kuju Area regarding the date of interview in reference to his aforesaid application for employment under provision 9.3.2 of NCWA. Santosh Ravidas had already died as evident from the death certificate dated 10.01.2003 which is annexed at Annexure-10 to the LPA. The wife of the deceased (Laxmi Ravidas) namely Samudri Devi on 27.01.2006 made another application before the Project Officer, Topa Colliery requesting therein to consider the case for employment of her daughter viz. Shanti Devi under the provision of 9.3.0 of NCWA-VII on compassionate ground in place of her deceased husband late Laxmi Ravidas. By a representation dated 11.07.2011, the appellant made another application before the Manager (Personnel) requesting them to appoint him on compassionate ground in which he has also stated that at the time of death of his father his age was 11 years only and that is why he was not able to fill up the form for employment on compassionate ground. On 05.06.2012 another request was made by Samudri Devi to consider the employment of her son Ramwarup Ravidas i.e. appellant, under the provision of 9.3.0 of NCWA-VII. The Manager (Personnel) forwarded the case of the employment of the appellant to the Project Officer, Topa Colliery on 19.12.2012 for consideration and onward transmission to the Office of the Staff Officer, Kuju Area for further action. On 06.01.2015, the Management requested to the mother of the appellant to furnish information as well as the relevant documents on the issues stated therein in order to examine the case of the appellant for taking necessary action.
(3.) In the light of the above facts and circumstances, the appellant approached this Court in W.P.(S) No. 3535 of 2015 which was disposed of vide order dated 13.10.2017. The learned Single Judge by considering the various aspects came to the conclusion that the appointment of the appellant on compassionate ground is not maintainable but so far as the grant of monetary compensation is concerned that has been left open to the mother of the appellant to file an application for the same.;