JUDGMENT :

1. By the instant writ petition, the petitioner has challenged the letter dated 04.08.2010 and 30.07.2010 by which the representation of the petitioner for grant of dependent employment has been rejected by the respondents.

2. The brief facts from the records would demonstrate how a widow is struggling to get dependent employment whose husband succumbed to death during course of employment while extinguishing fire in the mines. The petitioner's husband Late Gorelal was working as General Majdoor in Chirmiri open cast mines of SECL. On 10.02.1988, he was engaged in the extinguishing fire while discharging his duties, he was kept in fire and succumbed to death during course of his employment on 10.02.1988 itself. The petitioner and her son being dependents on deceased employee-Gorelal applied for grant of dependent appointment with the SECL. Her application was rejected on 27.10.1994 and again it was rejected on 01.10.2002. The said rejection order was challenged by filing writ petition before this Court which was registered as WPS No. 2608/2003. The Coordinate Bench of this Court has passed the following order on 3rd of February, 2006 :-

“5. In view of the above stated provisions in N.C.W.A.-IV, which governs the compassionate appointment, the respondents are directed to consider the case of the petitioner No. 1, in accordance with law, as applicable at the time of making the application for appointment on compassionate ground within a period of six weeks from the date of receipt/production of a copy of this order.”

3. The respondent in pursuance of the order passed by this Court has examined the case of the petitioner’s son which was rejected by the respondent on the count that when petitioner’s father expired in the year 1988, the National Coal Wage Agreement-IV (for short “NCWA”) was effective. According to which, there was no provision in the NCWA, which provides to keep life roster of dependent and at the time of death, he was 12 years, as such, he was not entitled to get compassionate appointment, accordingly, the application was rejected. Thereafter, the petitioner filed a review petition before this Court to review the order and it be kindly reviewed that the present petitioner case may be considered. The said review petition was rejected by this Court vide order dated 15.10.2007.

4. Thereafter the petitioner filed WPS No. 2362/2009 claiming dependent employment. This Court considering the submission of the parties, has passed the following order on 26.03.2010:-

“3. According to the learned counsel for the petitioner, application has been made by the petitioner, as the case of the respondents is that for want of application the case of the petitioner could not be considered. If the application is not traceable the same shall be filed by the petitioner within one week and thereafter, the respondent authorities are directed to consider and decide the application of the petitioner, in accordance with law and on its own merits, as early as possible preferably within a period four weeks from the date of its receipt.”

5. The respondent in view of the direction given by this Court has considered the case of the petitioner and again rejected the representation of the petitioner on 30.07.2010 and communicated the same to the petitioner on 4.8.2010 (Annexure P/1). These orders are being assailed by the petitioner before this Court.

6. Learned counsel for the petitioner would submit that when the petitioner’s husband expired in the year 1988, at that time 4th Coal wage agreement was applicable and thereafter the 5th Coal wage Agreement was signed between the SECL and representative union of the workers who were working at the different mines of Coal India and its subsidiary. The 5th NCWA has made effective from 01.07.1991. The clause of 9.5.0 NCWA provides that the monetary compensation is also applicable to the female dependents, as such, he would submit that even if the petitioner is not entitled to get dependent appointment