VIRENDRA CHAND Vs. NORTHERN COALFIELD LTD

JUDGEMENT

(1.) With consent of learned counsel for the parties petition is heard finally. This petition has been filed at the instance of employee and his son. That during pendency of the petition, petitioner No. 1 who was employed with respondent as Foremen-in-charge expired. Accordingly, his name has been deleted and the petition is prosecuted by petitioner No. 2 son of the deceased employee.

(2.) Petitioner claims compassionate appointment in lieu of illness of his father (petitioner No. 1 since deceased) who was employed as Foremen-in-charge at Khadia Project NCL, Singrauli and while in service suffered serious ailment of paralytic attack on 16.12.2009. Petitioner's father (petitioner No. 1 since deceased) on strength of clause 9.4.3(1) and 9.4.3(2) of NCWA IV and the circular No. C-58:MPADV/2735-52 dated 7.7.1992 sought employment of his son petitioner No. 2 on compassionate ground. The request was turned down by order 5/6.3.2010 whereon it was held that petitioner's father having crossed 58 years as per provision as in NCWA-VIII, is not entitled to seek compassionate appointment in favour of his son. Aggrieved, the petitioner filed this petition.

(3.) On being noticed the respondents have contradicted the claim by the petitioner. It is stated that at the time when petitioner's father (petitioner No. 1 since deceased) fell ill, i.e. 16.11.2009, NCWA -VIII was applicable and as per condition stipulated therein if an employee attained the age of 58 years then his dependents cannot be given employment as per clause 9.4(iii) NCWA.