Shri Suraj vs Unknown on 25 January, 2010

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

                        NAGPUR BENCH: NAGPUR




                                                                                
                     WRIT PETITION NO.3930 OF 2009




                                                        
    PETITIONERS:
    1]   Shri Suraj s/o Bhaskar Nikhar, aged about 21 years, occ: nil




                                                       
    2]   Smt. Sakhubai wd/o Bhaskar Nikhar, aged about 60 years, occ :
         nil
         Both resident of Dr. Zakir Hussain Ward, Tarwa Road, Ballarpur,




                                          
         Tq. Ballarpur, district : Chandrapur
                              ig   VERSUS
    RESPODNENTS:
                            
    1]   The Chief General Manager (IR) Western Coalfields Ltd. Coal
         Estate, Nagpur.
    2]   The Manager, Ballarpur Colliery, Western Coalfields Ltd.,
           


         Ballarpur, Dist. Chandrapur
        



    3]   Superintendent (Mine) / Manager, Ballarpur Colliery Western
         Fields Ltd. Ballarpur District : Chandrapur,





    4]   Shri Shashikant s/o Kartik Sopan, aged about 19 years, occupation
         : service, r/o Ballarpur Distt. Chandrapur





    ===================================================
    Shri S.A. Kalbande, advocate for petitioner
    Shri S.C. Mehadia, advocate for responder no.1 to 3.
    ===================================================




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    CORAM: S.A. BOBDE & SMT. VASANTA A. NAIK, JJ.

DATE: 25TH JANUARY 2010.

ORAL JUDGMENT : [PER : S.A. BOBDE, J.]

Rule returnable forthwith. Heard by consent.

2] 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.

3] 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:

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(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”

4] 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. Rule discharged.

                             JUDGE                    JUDGE

    smp.





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