SURAJ CHANDRA GOSWAMI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing letter dated 1/2.04.2008 whereby respondent no. 4 purported to have communicated the petitioner that his application for employment under 9.3.0 has been rejected on the ground of age and further prayer has been made for direction upon the respondents to provide employment under Para 9.3.0 of the National Coal Wage Agreement-VI (NCWA-VI) within a specified period.

(2.) The facts, in brief, is that father of the petitioner, who was working on the post of Trammer in Underground Sirka Colliery died in harness on 203.2005. The petitioner, being the son of the deceased-employee and having qualification of Intermediate of Arts submitted an application in the month of October, 2005 on compassionate ground under the provisions as contained in Para 9.3.0 of the NCWA-VI before the competent authority and after lapse of about three years, the respondentsauthorities communicated letter dated 1/04.2008 denying employment to the petitioner due to overage, which is impugned before this Court.

(3.) Learned counsel for the petitioner submitted that as a matter of fact the date of birth of the petitioner is 04.11.1971, as mentioned in matriculation certificate, which is a conclusive piece of evidence while deciding date of birth. But, only because of some entry made by the deceased-father of the petitioner in the service excerpts, which is not correct and even for that the petitioner made application for necessary correction, the respondentsauthorities are reckoning the date of birth of the petitioner as mentioned in service excerpts and denying the benefit of compassionate appointment. It has further been submitted that on bare perusal of service excerpts of the father of the petitioner, it is amply clear that even the father of the petitioner raised objection with regard to wrong entry of age of the petitioner but till his lifetime, the same was not corrected. It has further been submitted that very object and purport of the provision under Para 9.0 of the NCWA-VI for employment on compassionate ground due to premature death of only earning member of the petitioner has been frustrated due to deliberate and willful delay on the part of respondents. It has further been submitted that the respondents even had sent the certificate for verification and it was verified by the concerned Board to be genuine one, before passing impugned order. But, even then they changed their mind and passed the impugned order.