VISHNU BHAGWAN GOSHWAMI Vs. CCL

JUDGEMENT

(1.) IN this case, the petitioner has prayed for a direction on the respondents to appoint him on compassionate ground. It has been stated that his father died -in -harness on 15.10.1997 while he was posted in Kathara Colliery as Senior Dumper Operator. After the death of the father of the petitioner, he made an application for his appointment on compassionate ground, but the other legal heirs objected. In that situation, the petitioner filed a suit seeking declaration that he is a legal heir, which was decreed in his favour. The petitioner, thereafter, approached the respondents for his appointment on compassionate ground.

(2.) THE grievance of the petitioner is that the respondents, in spite of the said decree of the civil court holding him a legal heir, have not given any heed to the petitioner's application and have not passed any final order on his representation.

(3.) AFTER hearing the learned counsel for the parties and considering the facts and circumstances appearing on record, I do not find any arbitrariness or illegality on the part of the respondents, who, in view of the pendency of the Second Appeal, have not passed any final order. The basis of the claim of the petitioner is the judgment and decree of the civil court and that decree is under challenge in the Second Appeal and in that view, not passing any final order by the respondents, during the pendency of the Second Appeal, cannot be said to be an arbitrary and illegal. I, therefore, find no cause for the petitioner for maintaining this writ petition at this stage. With these observations, this writ petition is disposed of.