BUDHU ORAON Vs. CENTRAL COAL FIELDS LIMITED

JUDGEMENT

(1.) Aggrieved of order dated 11.02.2009 by which his claim for compassionate appointment on death of his mother has been declined, the petitioner has approached this Court.

(2.) Briefly stated, on death of his mother namely, Chaiti Devi, who was employed as a piece-rated worker at the Kuju Siding Area under the respondent-M/s Central Coalfields Limited, on 27.09.1998 in harness, the petitioner submitted an application on 16.12.1998 for appointment under Clause 9.3.2 of the National Coal Wage Agreement (NCWA). At that time he was aged about 14 years. On attaining majority he submitted an application for compassionate appointment on 28.05.2004. This application was rejected by the respondent-authority primarily on the ground that application for compassionate appointment should have been submitted within six months from the date of death of his mother. Aggrieved, he came to this Court in W.P.(S) No. 670 of 2006. The writ petition was allowed vide order dated 02.05.2008, holding that the scheme under NCWA-VI does not stipulate submission of an application for compassionate appointment by a minor within six months. The matter was remitted back to the respondent-authority for taking a decision afresh in the matter. Claim of the petitioner for compassionate appointment is however again been rejected; this time on the ground that at the relevant time, that is, when his mother died in harness on 27.09.1998 he was below the age of 15 years which was the minimum age for keeping a male dependent on live-roster. At that time NCWA-VI was in operation.

(3.) Plea urged by the petitioner is that finality of litigation is the public policy and if the respondent-authority is permitted to raise new plea in subsequent proceedings it would become an unending process and, thus, it would not be in public interest.