Suraj s/o Bhaskar Nikhar vs The Chief General Manager (IR) Western Coalfields Ltd. Coal Estate, Nagpur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(Bom) 121

In the High Court of Bombay at Nagpur
THE HONOURABLE MR. JUSTICE S.A. BOBDE & THE HONOURABLE MRS.
JUSTICE VASANTA A. NAIK
Suraj s/o Bhaskar Nikhar & Another
Versus
The Chief General Manager (IR) Western Coalfields Ltd. Coal Estate, Nagpur & Others
Writ Petition No.3930 of 2009
Decided on : 25-01-2010

Advocates appeared:
For the Petitioners:S.A. Kalbande, advocate.
For the Respondents:R1 to R3, S.C. Mehadia, advocate.

Headnote:Constitution of India - Article 226 - Writ of mandamus - Seeking direction for appointment on compassionate grounds - Petitioner’s father died in year 1998 - Delay of 11 years contended by respondents - Held - Delay caused because petitioner attained age of 18 years in 2007 - Wage agreement referred by respondents provides person seeking compassionate appointment ought to have attained age of 15 years at time of death of his parents - Petitioner being 10 years, 4 months of age at time of death of his father not eligible for appointment - Petition devoid of merit - Dismissed. - Counsel for the respondents submits 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. 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 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) and (ii) above."
According to 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 was not eligible. In this view of the matter there is no merit in the petition.

JUDGMENT

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 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.

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