DEV NARAYAN Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) THE petitioner, who was about 12 years of age, at the time of death of his father in an accident i.e. 7.7.1994, has filed this petition under Article 226/227 of the Constitution of India seeking a direction to the respondents/South Eastern Coalfields Ltd to appoint him on compassionate basis.

(2.) THE brief facts, in nutshell, are that the father of the petitioner namely Shri Mangal Sai, was working as P.R.L. in the South Eastern Coalfields Ltd. Churcha Colliery (West), when he died in an accident on 7.7.1994. In the said accident several other labourers had also died. According to the petitioner, at the time of death of his father, he, being elder of three brothers, was only about 12 years old and his mother, being ailing, was not in a position to get the compassionate appointment. After the death of the father of the petitioner, assurance was given by the officers of the management of the respondents that when the petitioner would attain the majority, he may be considered for compassionate appointment in place of his father. On attaining the age of majority, he filed an application for compassionate appointment on 22.9.2001 (Annexure P/6). THE mother of the petitioner also submitted an application (Annexure P/4), supported by an affidavit (Annexure P/5) that he elder son i.e. the petitioner be granted compassionate appointment. THE respondents failed to respond and as such, the petitioner was made to file the instant petition on 3.1.2002 for appropriate relief.

(3.) I have heard learned counsel for the parties and perused the pleadings and records appended thereto. As per the provision of N.C.W.A. in case of death due to mine accident the female dependent would have the option to either accept monetary compensation of Rs. 3000/- p.m. (Annexure R/3) or employment irrespective of her age. This clause was subsequently amended and the amount of monetary compensation was increased to Rs. 4000/- p.m. (Annexure P/7). In the present case mother of the petitioner had chosen monetary compensation instead of employment, as such she was initially granted Rs. 3000/- p.m. as monetary compensation and thereafter it was increased to Rs. 4000/- p.m. The N.C.W.A. does not provide for monetary compensation as well as employment to other family members after attaining the age of majority. The petitioner has filed this petition with unexplained inordinate delay, seeking a direction to the respondents to grant compassionate appointment. The father of the petitioner died on 7.7.1994 and the petitioner made an application for compassionate appointment on 22.9.2001.