RAJIB SEKHAR NATH Vs. CHAIRMAN, COAL INDIA LIMITED

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the appellant. Also heard Mr. M. Z. Ahmed, learned senior Advocate assisted by Mr. A. R. Dutta, learned counsel for the respondents.

(2.) This writ appeal is directed against the Order dtd. 17/5/2022 passed by the learned Single Judge in WP (C) No. 7750/2019.

(3.) The appellant No.2 was an employee of the Central Store NEC of the North Eastern Coalfields (NEC), a small coal producing unit operating in Margherita, Assam. During the service period of the appellant No.2 he suffered from certain ailments which were diagnosed to be spino cerebeller ataxia with cerebro vascular accident having with severe neurological deficit with 75% disability. According to the appellants, the disability suffered by the appellant No.2 affected his ability to render service properly. According to the appellant under Clause 9.4.0 of the Chapter-IX of the National Coal Wage Agreement-IX (NCWA) dtd. 31/1/2012, the appellant No.2 applied for being consideredin terms of Clause 9.4.0 of the Chapter-IX to be superannuated on medical grounds. According to the appellants if the appellant No.2 would have been superannuated on medical grounds as per Clause 9.4.0 of the Chapter-IX of the National Coal Wage Agreement-VI, the appellant No.1 could have been considered for compassionate appointment in lieu of appellant No.2 as per the said clause of Clause 9.4.0 of the Chapter-IX of the National Coal Wage Agreement-IX.It is contended that in terms of the provisions of the said Clause 9.4.0 of National Coal Wage Agreement (NCWA),a Medical Board was required to be constituted for examination of the appellant No.2. However, the Medical Officer/Practitioner of the North Eastern Coalfields (NEC) was on leave and therefore, the competent authority, at the relevant point in time requested the Chief Medical Services, NEC, Margherita, Assam to constitute a Medical Board for examination of the appellant No.2. However, no action was taken and the matter got delayed. Thereafter, a writ petition was filed being WP(C)/855/2018 and by order dtd. 18/1/2019 this Court disposed of the petition giving liberty to the appellants to submit representation to the General Manager, North Eastern Coalfields (NEC) and if the authority had no competence then the same would be forwarded to the competent authority, who shall dispose of the representation within a period of 2 (two) months from the finalization of the scheme of employment or financial benefits to the dependents in respect of "social security of 10th Wage Agreement for CIL and HCCN-provisions of employment/payment of monthly monetary compensation to dependent scheme" or any other substituted scheme in force. Liberty was also granted to the appellants to approach this Court a fresh.