Suraj Bhaskar Nikhar and Another vs Chief General Manager (IR) Western Coal Fields Ltd. and Others

Bobde S.A., J.—Rule returnable forthwith. Heard by consent.

Petitioner has sought a writ of mandamus for direction to the respondents to appoint him on compassionate ground in view of his father''s death while in service. Admittedly, petitioner''s father died some time in the year 1998.

Shri Mehadia, the learned Counsel for the respondents submit that there is delay of about 11 years in approaching this Court. The only explanation for this delay given by learned Counsel for the petitioner is that he has made representation and he was asked to wait till he reaches the age of 18 years. Even then we find that the petition is delayed, since the petitioner has attained age of 18 years some time in 2007 and no action has been taken thereafter. Mr. Mehadia, learned Counsel for respondents moreover refers National Coal Wage Agreement-V, Chapter 9, Clause 9.5.0 - (iii) reads as follows:

(iii) In case of death either in mine accident or for other reasons or medical unfitness under Clause 9.4.0, if no employment has been offered and the male dependent of the concerned worker is 15 years and above in age he will be kept, on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependent is on live roster the female dependent will be paid monetary compensation as per rates at paras (i) & (ii) above.

According to learned Counsel for respondents it is necessary that a person who seeks compassionate appointment ought to have reached the age of 15 years at the time of death of his parents. This petitioner was admittedly 10 years and 4 months of age, when his father died. As such it is clear that the petitioner is not eligible. In this view of the matter there is no merit in the petition.