Sanjay Kumar Dwivedi, J.

1. This letters patent appeal has been filed by the original writ petitioner being aggrieved and dissatisfied by the order of learned Single Judge in W.P.(S) No. 3535 of 2015 whereby and where under the learned Single Judge held that the petitioner’s prayer for grant of compassionate appointment is not maintainable but so far as the grant of benefit of monetary compensation is concerned that has been left open to the mother of the appellant/petitioner to file an application for the same.

2. We have heard the counsels for both the sides. The factual matrix of the case is that the appellant’s father i.e. Laxmi Ravidas (now deceased) whose date of birth was 03.05.1950 was appointed as Cat. I in Topa colliery on 26.05.1973. The brother of the appellant, Krishna Ravidas, who was the son of Laxmi Ravidas died on 30.09.1994 and a death certificate dated 15.10.1994 has been brought on record. By filing nomination form dated 25.05.1998, the appellant’s mother i.e. Samudri Devi was made nominee of the appellant’s father. The deceased employee had three sons namely Krishna Ravidas, Santosh Ravidas and Ramswarup Ravidas. Ramswarup Ravidas is the appellant/petit