1. IN stead of hearing the stay application, we have taken up the appeal itself for final hearing with the consent of the learned Counsel for the parties by treating the same as on day's list.

2. THIS appeal is directed against the judgment dated 25th June, 2009 of the Learned Single Judge dismissing the writ petition of the appellant for compassionate appointment on the ground that the appellant being a female aged 17 years 11 months, 17 days on the date of death of her father was not entitled to keep her name on a live roster according to bipartite settlement.

The appellant's father Panchu Ruidas, belonging to a backward class was an employee of the respondent company - Eastern Coal Fields Limited. Panchu died on 27th December, 1999. The appellant being the youngest of the three daughters of the deceased, who had left no male issue, made an application for compassionate appointment. The appellant, who has passed the secondary school certificate examination, was called for the Screening Test by letter dated 31st July, 2000 (Annexure P-2) and 6/7th December, 2000 (Annexure P3) and thereafter the appellant was called for the Medical Test on 4th January, 2001 by letter dated