The minimum age determined by the Medical Board should be considered for compassionate appointment, and there is a possibility of error in age assessment.

S.N. PATHAK, J.

1. The instant writ petition has been filed for quashing of the letter dated 25.04.2016 contained in Annexure 10 issued by respondent company regretting the application of the petitioner seeking employment on compassionate ground under the provisions of Clause 9.3.0 of National Coal Wage Agreement (hereinafter referred in short 'N.C.W.A.') and for exemplary cost to the petitioner for unnecessary harassment by the respondents.

2. The brief facts, as has been delineated in this writ petition is that the petitioner's father Ghanua Mahto died in harness on 12.05.2014 was working as Pump Khalasi Cat. II in the respondent company at Kuju Colliery, Kuju Area, who was duly appointed on 29.10.1979 having Date of Birth 15.10.1954 and C.M.P.F. A/c No. R/523247 which is evident from the service excerpts dated 05.04.1987. After the death of his father, the petitioner made representation on 15.07.2014 before the Project Officer, Kuju Colliery intimating death of his father and seeking employment on compassionate ground in the place of his father/deceased employee under the provisions of Clause 9.3.0 of the N.C.W.A. The mother of petitioner was not keeping good health and as such the mother nominated the petitioner for employment under the provisions of Clause 9.3.0 of the N.C.W.A. Vide letter dated 19.01.2016, the petitioner was directed by Deputy Manager (Personnel) Kuju Colliery to appear before Medical Board, Gandhinagar Hospital, Ranchi for the purpose of assessment of his age. The claim of petitioner under the provisions of Clause 9.3.0 of the N.C.W.A was regretted vide letter being no. PO/MP/Kuju/16/1798 dated 25.04.2016 issued by the Manager (P/MP)respondent no.4 on account of over age and on the date of his representation dated 02.09.2014 his age was assessed by the Medical Board of the respondent company (CCL) as 37? years as on 20.01.2016. Hence, this writ petition.

3. Learned counsel, Mr. Gautam Kumar Singh appears on behalf of the petitioner and argues that Aadhaar Card bearing no.6471 8027 0063 has been issued to the petitioner which shows his Date of Birth as 16.06.1986. The Date of Birth has also been mentioned as 16.06.1986 in the School Transfer Certificate where the petitioner was a student and studied up to Class VIII. A declaration has been made by the petitioner vide Affidavit dated 24.08.2015 regarding his Date of Birth to be 16.06.1986. Learned counsel submits that refusal to provide employment to the petitioner on compassionate ground under the provisions of Clause 9.3.0 of the N.C.W.A is wholly arbitrary, whimsical and illegal. Learned counsel further submits that respondent company Central Coalfields Limited (C.C.L.) is a subsidiary of Coal India Limited which is a Government of India undertaking and as such "State" within the meaning of Article 12 of the Constitution of India. The respondent being "State" are bound to act within the four corners of the statute. Learned counsel for the petitioner in order to strengthen his argument relies on the Division Bench judgment of this Court dated 01.12.2010 passed in L.P.A. No.117 of 2010 and also in W.P.(S) No.7576 of 2006 dated 08.07.2010 in which this Court has decided the same issue as involved in the instant case and as such keeping in view the ratio of the judgment delivered by this Court, the case of the petitioner requires reconsideration for appointment on compassionate ground.

4. On the other hand, counter affidavit has been filed by the respondents. Mr. Amit Kumar Das, learned counsel appears on behalf of the respondents and submits that as per the service records of the deceased employee the Date of Birth/age of the petitioner on the date of application of the compassionate appointment i.e. on 02.09.2014 comes as follows:

Service Records of the deceased	Date of Birth	Age as on 02.09.2014
Service Sheet Excerpts	01/04/