DHANESHWAR SINGH Vs. CENTRAL COALFIELD LIMITED

JUDGEMENT

(1.) Heard Mrs. M. M. Pal, learned senior counsel for the petitioner as well as Mr. Hardeo Prasad Singh, learned counsel for the RespondentsCCL.

(2.) In the accompanied writ application, the petitioner has, inter alia, prayed for direction upon the respondents to pass final order with regard to the appointment of his son on compassionate ground under Clause 9.4.0 of the N.C.W.A. at par with other same and similarly situated persons considering the fact that the injury sustained by the petitioner on the date of incident, which resulted in the loss of employment.

(3.) The brief facts of the case is that initially, the petitioner was appointed as a Security Guard and thereafter, he was promoted to the post of the Armed Guard and was posted at Adarsh Khetriya Chikitsalaya, Gidi A , Hazaribagh and while working, as such, the petitioner, while on duty, on 17.06.2009, unfortunately, met with an accident, for which, he was hospitalized and thereafter, considering his condition, he was referred to Nayasarai, CCL Hospital and on the next day, due to his serious condition, his case was referred to the CCL, Main Hospital, Gandhi Nagar. After undergoing treatment, he was discharged from the Main Hospital on 30.09.2009 with several complications. It has been averred in the writ application that due to serious injuries, the petitioner was kept in I.O.D. (Injury on duty) from 17.06.2009 i.e. date of accident till 27.01.2011. Since the petitioner due to health condition could not resume his duties, he submitted representation on 15.03.2010 before the Medical Superintendent, Gidi A to consider his case under paragraph 9.4.0 of the National Coal Wage Agreement (hereinafter in short to be referred as NCWA) and the application of the petitioner was duly forwarded and the case of the petitioner was recommended under paragraph 9.4.0 (ii) vide order dated 27.07.2010. It is also averred that though the case of the petitioner falls under Clause 9.4.0 (i), but his case has been under consideration under Clause 9.4.0 (ii). The copy of the Clause 9.4.0 of the NCWA has been annexed as Annexure-3 to the writ application. It has further been averred that on 29.12.2009, the petitioner was directed to appear before the Medical Board on 30.12.2009 alongwith all medical papers, injury Report and I.Card for finalization of the IOD wages, but, no final order was passed. The petitioner was issued notice for superannuation. It has further been averred that in similar circumstance, one Pramod Kumar filed W.P. (S) No. 5366 of 2001 and the said writ petition was disposed of with a direction to the respondents to issue appointment order in favour of the dependent of the petitioner therein, and the case of the petitioner is squarely covered by the said order. Due to deliberate inaction on the part of the respondents, to consider the case of the petitioner under Clause 9.4.0 (i) of the NCWA, the petitioner left with no alternative has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.