KAMLESH SETH Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner for issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to consider his case for appointment in place of his deceased mother under the provisions of Clause 9.3.2 of National Coal Wage Agreement (For short NCWA ') -VI.

(2.) ACCORDING to the petitioner his mother Maheshwari Kamin was a permanent employee of Central Coalfields Limited (CCL), who was appointed in the year 1973 as Category -1 Mazdoor under the Project Officer, Ara Colliery, Hazaribagh. On 3rd December, 2000 she was killed. Whereupon, the petitioner applied for compassionate appointment in terms with Clause 9.3.2 of the Agreement (NCWA) -VI, but no final decision has been taken by the respondents. It is stated that even after the death of his mother, in respect of which an FIR was lodged being Tamar P.S. Case No. 105 of 2000, the respondents did not struck down the name of his mother and her name was continuing in the service register, which may be a reason for not considering the case of the petitioner. Counsel for the petitioner submitted that the name of his mother has now been deleted from the service register of the respondents vide order dated 21st July, 2005.

(3.) IN the facts and circumstances of the case, the case is remitted with a direction to the Project Officer, Ara Colliery, Central Coalfields Limited Hazaribagh, to forward the representation of petitioner along with details of his mother to the Director (Personnel), Central Coalfields Limited, Darbhanga. House, Ranchi within one month from the date of receipt/production of a copy of this order. The Director in his turn will consider the case of the petitioner and pass a reasoned order within a period of one month from the date of recommendation. In any case the final order to be passed within a period of 2 -1/2 months from the date of production of this order. If any adverse decision is taken, the authority will communicate the grounds to the petitioner. The petitioner will file a fresh representation enclosing a copy of this order both before the Project Officer, Ara Colliery, Central Fields Limited Hazaribagh and the Director (Personnel), Central Coalfields Limited, Darbhanga House, Ranchi. This writ petition stands disposed of with the above observations and directions.