Aniruddha Bose, J.

I.A. No. 10494 of 2018

I.A. No. 10494 of 2018 is an application for condonation of delay of 1 day in filing this appeal.

2. Having gone through this application, we are satisfied that the appellant was prevented by sufficient cause in preferring this appeal within time. We accordingly condone the said delay.

3. I.A. No. 10494 of 2018 stands allowed.

L.P.A. No. 663 of 2018

4. The appellant before us is the son of a deceased employee of Central Coalfields Limited. The original employee had died while in service on 17th February, 1999. Claim for appointment on compassionate ground was made through an application on 1st November, 1999. We are apprised by the leaned counsel for the coal company that at that point of time such compassionate appointments were guided by the Social Security Chapter of the National Coal Wage Agreement-VI (NCWA-VI). It is also admitted position that at that point of time, an application for consideration of the case of a dependant of an employee who died in harness for compassionate appointment was to be made within six months from the date of death of the original employee. This was not done on the part of the appellant-writ petitioner within the aforesaid timeframe. His plea was rejected for this reason by an order passed on 7/8th October, 2002. Subsequently on 21st January, 2012, a new circular came into existence. The main object of such circular was to extend the date of making of application for appointment on compassionate ground. We reproduce below the relevant clauses of the said circular, bearing No. PD/MP/9.3.0/J.C.C/Belated application/375:-

“1. Those cases of compassionate appointment where the employee died on or after 12.12.1995 and the cases of compassionate appointment of their dependent family members have been rejected on the ground of delay beyond six months from the date of death of employee, shall be considered. However the delay involving only 1 1/2 year from the date of death of the employee will be taken up.

2. The extension of time limit is made in view of decision of the earlier JCC meeting dtd. 22.07.2008 whereby and where under the time limit was extended up to 1 1/2 years and said decision of JCC dtd. 22.07.2008 is effected retrospectively w.e.f. 12.12.1995 for re-examination of cases regretted on belated ground.

3. The dependent/applicant will represent for consideration of his case along with recent passport size photograph to the General Manager (P & IR), Ranchi through proper channel and unit/Area Authorities will forward the representation to head quarter after proper examination. In case the case file is lying at Area/Unit, the same may be sent alongwith the representation and due recommendation as per norms. The present status of the family is also required to be given due consideration with documentary evidence as being done in normal cases.

4. In case of female dependent dependents who are crossed the age limit of 45 years on the date issue of administrative order, their cases will be considered only for payment of monetary compensation as per provision contained in the National Coal Wages Agreement.”

5. Upon coming into operation of the said Circular of 2012, the appellant claims to have had made an application. This is disputed by the employer-CCL. It is not in dispute, however, that on 18th July, 2016 a fresh application was made to the Director Personnel of C.C.L. It does not appear that the matter had progressed in connection with that application. Under those circumstances the writ petition was brought by the appellant, out of which the present appeal arises. The learned First Court had rejected the plea of the writ petitioner holding:-

“5. By now it is also well-settled that the scheme for compassionate appointment must be implemented in terms of the scheme. The respondents have pleaded that pursuant to the decision contained in letter dated 21.01.2012 the petitioner did not submit a fresh application and it was only on 18.07.2016 when the pe