BINOD MAHTO Vs. THE CENTRAL COAL FIELDS LIMITED

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the order vide memo no. PO/Karma/9.3.2/06-07/761 dated 25.12.2006 and memo no. PO/Karma/31/09/323 dated 18.7.2009 by which the compassionate appointment of the petitioner had been rejected by the authorities. Further, prayer has been made by the petitioner that as per the mandate of clause 9.3.2 of National Coal Wages Agreement V (in short N.C.W.A.V) the petitioner be appointed on compassionate ground.

(2.) Learned counsel for the petitioner submitted that the father of the petitioner, Gokul Mahto was working as Driver (Col-V) in Karma Colliery, Karma Project, Kuju Area of Central Coalfields Limited. In course of his employment during the preliminary election of 1996, the father of the petitioner died in mines blast on 7.5.1995. On the ground of the death of the father of the petitioner, an application for appointment on compassionate ground was filed by the mother of the petitioner and as per the note, she mentioned that the petitioner is 11 years old and the appointment shall be considered only on the basis of petitioner's attaining the age of 18 years which however was rejected by the respondents vide letter dated 25.12.2006. The petitioner once again filed an application before the respondent no.6 but the same was also rejected by the respondent no.6 vide memo dated 18.7.2009. Being aggrieved by the order of rejection for appointment on compassionate ground, the petitioner has filed the present writ application.

(3.) Heard Mr. Abhijit Singh, learned counsel for the petitioner and Mr. C. Mukherjee, learned counsel for the respondents-C.C.L.