MADAN Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) Learned Counsel for the petitioner submits that the present petition has been preferred for getting appointment on compassionate ground, because of the death of the father of the petitioner, which has taken place on 4th July, 1996, which was working with respondents. The petitioner, thereafter, applied for getting compassionate appointment and as he has not been appointed, the present petition has been preferred. Learned Counsel for the respondents submitted that a detailed counter-affidavit has been filed and it has been stated in paragraph No. 12 of the said counter-affidavit that the petitioner was already appointed vide appointment letter dated 24th January, 1998, but, he has never approached the respondents for resuming the duties. Repeated requests were also made by the respondents to the petitioner, but, he has never approached the respondents. These facts have been stated in paragraph Nos. 12 and 14 of the counter-affidavit and thereafter, there is contemporary record, which is internal correspondence, that though the petitioner was given appointment, he has never approached the respondent authorities. This is internal correspondences of the relevant years, which are also annexed as Annexure to the counter-affidavit, over and above the appointment letter. Thus, by now several years have elapsed from the date of death of the father of the petitioner and, therefore, the very purpose of compassionate appointment has been frustrated. It is further submitted by the Learned Counsel for the respondent authorities that the age of the petitioner as on 1st April, 1987 was 16 years and, therefore, by now i.e. in the year, 2010, the petitioner is of 40 years of age and, thus, he has also crossed the age limit, fixed for compassionate appointment, which is 35 years and, therefore also, the writ petition deserves to be dismissed.

(2.) Having heard Learned Counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons :