SHANKAR NUNIA Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) THE petitioner prays for quashing the order dated 22/24.4.2000 (Annexure -8) passed by the respondent No. 7 whereby and whereunder the petitioner was informed that his application for compassionate appointment had been rejected by the competent authority. The petitioner further prays for issuance of an appropriate writ directing the respondents to provide employment to the petitioner.

(2.) THE short facts are that while he was in service, the father of the petitioner, Benga Nunia, a loader at Murlidih 20/21 Pit Colliery, died on 15.3.1984. After his death, his wife (mother of the petitioner) applied for compassionate appointment in place of her husband, but while the matter was under process, she met with an accident in Burdwan on 28.2.1997 and died. At the time of death of both the father and the mother, the petitioner was a minor and therefore, could not apply for compassionate appointment. Upon attaining majority, he applied for compassionate appointment whereafter the respondents issued a letter on 21/23.5.1997 (Annexure -3) informing the petitioner that his application suffered from, various shortcomings and he was accordingly asked to rectify the same. One of the major question/shortcomings, which obviously the petitioner could not rectify, was specific at Sl. No. 1 thereof informing the petitioner that his father had expired on 15.3.1984. Mr. Mahesh Tewari, learned counsel for the petitioner submits that the application filed by the petitioner was in the year 1997, i.e., after he had attained majority and therefore, it has to be borne in mind that the application itself was filed after almost 13 (thirteen) years.

(3.) A counter affidavit in the instant case has been filed wherein it has been stated that from the facts as pleaded in the Writ Application it is evident that the father of the petitioner died almost 18 years ago, i.e., 15.3.1984 and therefore, the Writ Application is liable to be dismissed. They have further stated that as per application submitted by the petitioner in the year 1997, his age was shown as 19 years '' meaning thereby his age was 6 years on the date of death of his father. It has further been stated that there is no provision under the relevant rules which provides that a dependent, upon attainment of majority, can file an application for appointment on compassionate grounds.