TIKEN BHUIA Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner in W.P No.2269 (W) of 2017 is the appellant before us. The aforesaid writ petition was dismissed by a Learned Single Judge by his judgment and order dated 18th April, 2017, thereby rejecting the prayer of the appellant/petitioner for a writ of mandamus directing the respondents to appoint him on compassionate grounds on the death of his elder brother who was an employee of the respondent no.1.

(2.) The elder brother of the appellant died in-harness in January, 2002. At the time of his death he was an employee of Moira Colliery under Eastern Coalfields Limited. According to the appellant, soon after the death of his elder brother he applied for compassionate appointment. Sometimes in the month of April, 2008, the proposal of the said compassionate appointment was forwarded by the Area Manager to the headquarters of Eastern Coalfields Limited, respondent no.1 herein. Since the authority failed and neglected to take any step on the issue, the appellant sought for assistance of one Ukhra Colliery Mazdoor Union. The said union by letters dated 17th March, 2016 and 16th May, 2016 wanted to know the fate of the application for compassionate employment of the appellant. But the respondent no.1 did not send any reply to the aforesaid letters. Subsequently, series of communications were made by the appellant through the said union which yielded no result. Finally on 14th September, 2016 the petitioner sent lawyer's notice to the respondents. The respondent no.1 finally informed the learned advocate for the appellant by a letter dated 20th October, 2016 that the prayer of the appellant for compassionate appointment on the death of his elder brother was refused. Such communication of the order of refusal was the subject matter of challenge in the aforesaid writ petition.

(3.) The Learned Single Judge dismissed the said writ petition having regard to the efflux of time since the death of the appellant's elder brother in the month of January, 2002.