RAJAN Vs. CENTRAL COALFIELDS LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR HAVING ITS OFFICE AT DARBHANGA HOUSE, RANCHI, P.O.

JUDGEMENT

(1.) (Cav) - In the instant case, the petitioner has approached this Honourable Court for the following reliefs:-

(2.) The petitioner is the legal brother of late Nageshwar Kumar Mallah Ex. Mining Sardar Trade B & K Area Colliery, Central Coalfields Limited and his name is already entered as direct dependent in the service book of the deceased employee i.e. brother of the petitioner. As late Nageshwar Kumar Mallah (deceased) was unmarried, the name of the survivors as a direct dependent left behind by the deceased entered in the family relation record of office as well as certificate issued by B.D.O., Bermo. It is further stated that petitioner's brother late Nageshwar Kumar Mallah was employed as Ex-Mining Sardar Trade B & K Area during the service period. Late Nageshwar Kumar Mallah fell ill and his case was forwarded/recommended for treatment outside as he was suffering from Ca lung (Rt) upper lobe advance stage but before moving for treatment he expired in the service period on 29.07.2000. It is the case of the petitioner that after his death he made a representation before the Project Officer, Kargli U.G. on 09.02.2001 for appointment on compassionate ground under N.C.W.A. in place of deceased unmarried brother who died in harness on 29.07.2000. Due to sudden demise of late Nageshwar Kumar Mallah, the entire family fell in great financial trouble as there was no earning member, therefore, a request was made through representation for appointment on compassionate ground annexing the certificates issued by the Block Development Officer, Bermo, Bokaro which reflected the name of petitioner as the direct dependent of deceased Nageshwar Kumar Mallah. The Deputy Chief Mining Engineer/Principal BTTI Bhurkunda sent a letter to the General Manager (HRD) and ( P & IR), C.C.L. giving the entire details of late Nageshwar Kumar Mallah stating therein that he was appointed under special Fimale VRS dated 20.03.1999 in place of his mother Smt. Savitri Kamin Ex category I of Dhori Colliery and posted at BTTI Bhurkunda. Nageshwar Kumar Mallah submitted his joining report at BTTI Bhurkunda on 12.04.1999 which was accepted on the same date. Consequently he was allotted Mining Sirdar's trade on 21.04.2000 and the service sheet of Nageshwar Kumar Mallah was also opened at BTTI but unfortunately he died in harness on 29.07.2000. Though the petitioner had made several representations before the respondent-authorities but in spite of the recommendations no steps were taken for providing employment on compassionate ground under the provisions of N.C.W.A.

(3.) Mr. Bishambhar Shastri, learned Counsel for the petitioner submits that there is a provision under N.C.W.A. for appointment to the direct dependent on compassionate ground in case of death in harness. Learned Counsel for the petitioner refers to Chapter IX Social Security of which 9.3.3. of the N.C.W.A. defines the dependent family members as below:-