CENTRAL COALFIELDS LIMITED Vs. BUDHU ORAON

JUDGEMENT

(1.) The instant appeal under Clause 10 of the Letters Patent is directed against the order/judgment dtd. 12/7/2018 passed by the learned Single Judge of this Court in W.P.(S) No. 1357 of 2009, whereby and whereunder, the order dtd. 11/2/2009 has been quashed and set aside with a direction upon the respondent no.4 to issue notice to the writ petitioner for ascertaining the eligibility in terms of educational qualification and medical fitness, if required, for his appointment, within six months.

(2.) The brief facts of the case of the writ petitioner as per the pleading made in the writ petition which require to be enumerated reads as under:

(3.) It is evident from the pleading made in the writ petition as referred hereinabove that the mother of the writ petitioner, namely, late Chaiti Devi, died in harness on 27/9/1998. Thereafter, the writ petitioner submitted an application for appointment on compassionate ground on 16/12/1998 under clause 9.3.2 of the NCWA but at that time, the writ petitioner was aged about 14 years. The writ petitioner on attaining majority submitted an application for compassionate appointment on 28/5/2004 but the aforesaid application was rejected on the ground that the said application has been filed beyond the period of six months. The writ petitioner, therefore, filed writ petition being W.P.(S) No. 670 of 2006 which was allowed vide order dtd. 2/5/2008 holding therein that the claim under the National Coal Wage Agreement-VI does not stipulate submission of an application for appointment on compassionate ground by a minor within six months and accordingly, the matter was directed to be considered afresh.