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:

(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 commensur