PANKAJ GIRI @ PANKAJ KUMAR GIRI, SON OF LATE JAMUNA GOSAI, RESIDENT OF JANGDIH, P.O. & P.S.DUMRI, DISTRICT Vs. THE BHARAT COKING COAL LTD. THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this writ application, the petitioner has inter alia prayed for quashing of the order contained in Ref. No.329 dated 26.04.2016 issued under the signature of respondent - Project Officer whereby and where under the claim for compassionate appointment of the petitioner has been regretted with a direction to the petitioner to obtain succession certificate of payment of Pension, Provident Fund dues while ignoring the service excerpts, the statutory forms and the Deed of Adoption where the deceased mother of the petitioner has nominated the petitioner. The petitioner has further prayed for issuance of appropriate and suitable direction or command upon the respondent authorities to consider and offer appointment to the petitioner on any suitable post on compassionate ground.

(3.) The factual exposition as has been delineated in this writ application is that the mother of the petitioner namely Kishori Devi was working as General Mazdoor under the respondent at Jogidih Colliery and she died while being in service due to cancer on 02.06.2014 leaving behind the petitioner and one daughter. The father of the petitioner died long back and the widow mother of the petitioner had been the sole bread earner in the family and the petitioner who is unemployed vide his letter dated 24.07.2014 applied for appointment on compassionate ground. The petitioner is aged about 24 years and date of birth of the petitioner as recorded in his matriculation certificate is 19.10.1991 and he possesses the qualification of Bachelor of Technology in Mechanical Engineering. The petitioner vide his letter dated 23.08.2014 and again on 08.12.2014 has also represented before the respondent authorities for payment of death cum retiral dues of her mother including gratuity, provident fund, medical bill etc. Thereafter, the petitioner has moved before this Court vide W.P.(S) No.919 of 2015 for redressal of his grievance in relation to appointment on compassion ground and for payment of death cum retiral benefit of her mother but respondent authorities did not comply the order/direction of this Court and the petitioner was compelled to file contempt petition being Cont. Case Civil No.237 of 2016 for initiation of contempt proceeding as against the opposite party. After filing of contempt petition, the respondent authority in a biased manner vide order dated 26.04.2016 has rejected the claim of the petitioner for compassionate appointment and has directed the petitioner to produce succession certificate for release of pension, provident fund etc. Hence, this writ petition.