1. Heard the counsel for the parties.

This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 20.9.2006 passed in WPS No. 2540 of 2006 whereby the learned Single Judge dismissed the writ petition filed by the petitioner-appellant seeking employment on compassionate ground.

2. The facts of the case lie in a narrow compass:

Petitioners husband, late Arjun Bhuia was serving as a Minor Loader in Angar Pathara colliery and died in harness on 21 st December, 1992. The deceased left behind him the appellant-widow, two sons and one daughter. After the death of the deceased application was filed by the appellant for retiral benefits and also for compassionate appointment. The said application was not considered because the respondents doubled the applicant being the widow of the deceased. However, in 2005 the Superintendent of Police, Chatra, after verification, reported that the appellant is genuinely the widow of the deceased. The appellant also produced the succession certificate obtained from the competent court.

3. The learned Single Judge took notice of all the facts and refused the prayer of the appellant on the ground, inter alia, that more than 15 years have passed since the death of the deceased and, therefore, the very purpose and object of compassionate appointment has been frustrated.

4. We do not find any error in the impugned judgment inasmuch as it is well settled that the object and purpose of compassionate appointment is to give immediate relief to the dependants and to save them from starvation. We are, therefore, not inclined to interfere with the impugned judgment.

5. Mr. Shekhar Sinha, learned Counsel appearing on behalf of the appellant submitted that if compassionate appointment is not given, then the appellant- widow is entitled to monetary compensation in terms of National Coal Wage Agreement

6. On the last date, after hearing the counsel for the parties, Mr. Mehta, learned Counsel appearing for the respondents CCI, was directed to file supplementary affidavit stating as to whether the appellant is entitled to monetary compensation as per N.C.W. In response to the said order supplementary affidavit has been filed by the respondents. In the supplementary affidavit it is admitted that after the death of the deceased the appellant-widow applied for compassionate appointment but the same remained pending for verification to ascertain the genuineness of the claim of the appellant as widow of the deceased. In para 6 of the supplementary affidavit it is stated that it was only after a fresh verification report was submitted by the Inspector of Police, it was established that that the appellant is the widow of the deceased. The said report was submitted vide memo No. 833 dated 21.11.2006. These facts make it clear that the application of the appellant for compassionate appointment remained pending with the respondents since 21.12.1992 till 2006.

7. The next reason stated in the application is that in NCWA-1V there was no provision for monetary compensation but in NCWA-V such provision has been made which came into effect since 19.1.1996. The provision of clause 9.5.0 of NCWA-V provides for employment/monetary compensation to female dependant. Clause 9.4.0 provides that in case of death/total permanent disablement due to causes other than mine accident and medical unfitness if the female dependant is below the age of 45 years, she will have the option to accept the monetary compensation or employment.

8. Mr. Mehta, learned Counsel appearing on behalf of the respondents very fairly submitted that there is nothing mentioned in NCWA-V that it will apply prospectively. However, it is not disputed by Mr. Mehta, learned Counsel for the respondents that there is nothing mentioned in NCWA-IV that it will apply retrospectively and /or it will not apply in pending applications filed; by the dependants either for compassionate appointment or for monetary compensation.

9. As noticed above,