JUDGMENT :

1. Heard Mr. Rahul Kumar, the learned counsel assisted by Mr. Kumar Harsh, the learned vice-counsel appearing for the petitioner and Mr. Arbind Kumar, the learned counsel appearing on behalf of the respondent-CCL.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioner has filed this writ petition for quashing the order dated 21.10.2017 whereby the claim of the petitioner for appointment on compassionate ground has been rejected by the respondent-CCL. The further prayer is made for issuance of letter of compassionate appointment in favour of the petitioner in view of clause-1 of NCWA-X.

4. Mr. Rahul Kumar, the learned counsel for the petitioner submitted that father of the petitioner namely, Shankar Bhuiyan was in the employment of respondent-CCL on the post of Ex-Short Fire Helper, CAT-II, BSI, Kargali UGP and was a workman under the definition of the certified standing order and NCWA-X. The father of the petitioner died in harness on 26.07.2013. The death certificate was issued and one of the death certificate was issued by Government of Jharkhand bearing registration no.20/14 dated 12.05.2014. The petitioner informed the company about the death of his father by his representation dated 31.12.2013 with a request to provide employment to the petitioner in terms of NCWA-X. The said representation is brought as Annexure-3 to the writ petition. The claim of the petitioner was rejected by order dated 21.10.2017 on the ground that it was submitted beyond the prescribed time limit of 1 ½ years from the date of death of the employee. The name of the petitioner did not appear in the service record of the deceased employee. The identity of the petitioner was also doubted on this ground and the prayer of the petitioner was rejected.

5. The case of the respondent-CCL is that the case of the petitioner was regretted on the ground of delay in submission of application for appointment on compassionate ground and also as the name of the petitioner did not appear in the service record of the deceased employee and also on the ground of identity of the petitioner. It was the further case of the respondent-CCL that the employee died on 26.07.2013 and by now about 5 years’ time has passed. The purpose and object of employment on compassionate ground is frustrated. The same is also not maintainable in view of NCWA-X under para-9.3.0, 9.4.0 and 9.5.0 of National Coal Wage Agreement [NCWA]-X.

6. Mr. Rahul Kumar, the learned counsel for the petitioner assailed the impugned order on the ground that the petitioner had already made application on 31.12.2013 by way of Annexure-3. He submitted that in view of the order dated 20.01.2020 of this Court, whereby it was directed to the respondent-CCL to file specific affidavit in view of the counter affidavit at Annexure-C at page-21 as the petitioner has applied on time or not. Pursuant to that, the supplementary counter affidavit has been filed by the respondent-CCL wherein Annexure-J has been annexed which suggests that the application was filed by the petitioner. He further submitted that the case of the petitioner is fully covered in view of the judgment rendered by the co-ordinate Bench in W.P.(S) No.3258 of 2014 dated 07.01.2016 wherein this aspect of the matter was considered that there was no requirement that the person whose name is inserted in the service book will only be considered for compassionate appointment. He further relied in the case of “Chhotu Manjhi @ Chhatu Manjhi v. M/s Central Coalfields Limited & Ors.” in L.P.A. No.339 of 2015 which was decided by the order dated 03.05.2016 wherein this aspect of the matter was considered that the application was received but it was not placed before the concerned authority and in tha