JUDGMENT :

1. The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual connectivity.

I.A. No. 2363 of 2019

This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 17 days in preferring this Letters Patent Appeal.

Heard.

In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation.

Accordingly, I.A. No. 2363 of 2019 is allowed and delay of 17 days in preferring the appeal is condoned.

L.P.A. No. 691 of 2018

The instant intra-court appeal is directed against the order/judgment dated 19.09.2018 passed by the learned Single Judge of this Court in W.P. (S) No. 4392 of 2017, whereby and whereunder, the decision of the authority dated 03.12.2015 denying the claim of appointment on compassionate ground, has been refused to be interfered with.

2. The brief facts of the case are required to be referred herein, which reads as hereunder:-

The mother of the writ petitioner was an employee under the management of Central Coalfields Limited (in short C.C.L.) and was posted at Amlo Project on the post of Ex-T.R. (Amlo). The mother of the writ petitioner, namely, Baso Devi, died in harness on 18.05.2014. The writ petitioner, after death of his mother, represented vide letter dated 22.01.2015 before the respondents authorities claiming for appointment on compassionate ground in place of his deceased mother under the provisions of National Coal Wage Agreement (in short N.C.W.A.) but the same has been rejected vide order dated 03.12.2015. The authorities have taken adverse decision on 03.12.2015 on the ground that the writ petitioner being the son of one Jagni Devi who happens to be concubine of one Laldeo Turi, husband of Baso Devi, the deceased employee and as such, the writ petitioner has been held to be ‘step son’ and under the National Coal Wage Agreement, there is no reference of ‘step son’ in the category of dependant of deceased employee.

According to the writ petitioner, the aforesaid ground is absolutely incorrect and without any application of mind as because in the service excerpts i.e. Form PS-3 and Form PS-4 contain the name of writ petitioner in the category of dependant in the capacity of son of late Baso Devi, the deceased employee as also the Family Membership Certificate has been issued by the concerned Block Development Officer, Bermo on 08.04.1995 categorically mentioning therein the writ petitioner as the son of late Laldeo Turi.

It is further on the ground that the writ petitioner was granted a sum of Rs. 9,70,586/- against the death-cum-retiral benefits considering him as the son of deceased employee and as such, there is no reason to deny the appointment on compassionate ground but this fact has not properly been appreciated by the learned Single Judge, hence, the instant appeal.

3. Mr. Kumar Harsh, learned counsel appearing for the appellant-writ petitioner has relied upon the provision of Section 20 of the Hindu Adoptions and Maintenance Act, 1956 as also Section 15 of the Hindu Succession Act, 1956.

He has further relied upon the judgments rendered by the Hon’ble Apex Court in the case of Kirtikant D. Vadodaria vs. State of Gujarat and Another, (1996) 4 SCC 479 and Mrs. Shakuntala Sawhney vs. Mrs. Kaushalya Sawhney and Others, (1980) 1 SCC 63.

4. Mr. Amit Kumar Das, learned counsel appearing for the respondent-C.C.L. has submitted by defending the order passed by the learned Single Judge that under the provision of National Coal Wage Agreement, there is no reference of ‘step son’ under the category of dependant and since the appointment is to be made on compassionate ground on the basis of terms and conditions mentioned in National Coal Wage Agreement and as such, the appointment is only to be provide