JATLU BHUIYAN Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case was taken up through Video Conferencing and heard at length on various dates. Concerned lawyers had no objection with regard to the proceeding which was held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter was reserved for Judgment and is being disposed of finally.

(2.) In the instant writ application prayer has been made for issuance of appropriate writ(s), order(s) or direction(s) or writ in the nature of Certiorari for quashing the letter no. 829, dtd. 28/3/2017, whereby the respondent no. 7 declined claim of the petitioner for his appointment on compassionate ground on the ground of overage. Petitioner has further prayed for a direction upon the respondents to consider his representation/objection dtd. 22/5/2018 against the said order of rejection and further to consider his case for appointment on compassionate ground within a specified period.

(3.) Facts of the case lies in a narrow compass. Petitioner's father namely Budhan Bhuiyan was a permanent employee of the respondent no. 1 and was working to the post of Operator in Kathara Washery and died in harness on 28/7/2014. Thereafter, on 20/7/2015, petitioner's mother namely Basanti Devi made an application nominating him for employment on compassionate ground under the provisions of Clause 9.3.0 of the National Coal Wage Agreement. Petitioner also submitted employment proposal with PAN Card and School Leaving Certificate showing to have left school after passing Class-VII. His date of birth was recorded as 16/3/1986 and he left the school on 25/12/1995 and as such, his age was less than 35 years on the date of filing of application on 20/7/2015.