M.Y. Eqbal, J.

1. Heard Mr. Jai Prakash, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.

2. The petitioner is aggrieved by the order which was communicated vide letter dated 12.11.1999 whereby the respondents rejected the application of the petitioner seeking employment on compassionate ground.

3. Late Lakhan Ram father of the petitioner, was an employee in Hurriladih Colliery under the respondents and in course of employment he died on 11.5.1993. The widow of the deceased, Smt. Radha Devi firstly made an application in 1994 for her appointment on compassionate ground. It is stated that the application of the widow was not considered by the respondents. However, in 1996 another application was filed by the petitioner being the son of the deceased claiming appointment on compassionate ground. The said application remained pending till 1999. However, by letter dated 12.11.1999 the respondents informed the petitioner that his claim for appointment on compassionate ground was refused.

4. In the counter affidavit it is stated that at the time of death of late Lakhan Ram the petitioner was minor and consequently no application for compassio