JUDGMENT :

1. With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

I.A. No.10756 of 2019

2. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 70 days in preferring this Letters Patent Appeal.

3. Heard.

4. 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 appellants were prevented by sufficient cause in preferring the appeal within the period of limitation.

5. Accordingly, I.A. No.10756 of 2019 is allowed and delay of 70 days in preferring the appeal is condoned.

L.P.A. No.772 of 2019

6. The instant appeal under Clause 10 of the letters patent, is directed against the order/judgment dated 06.08.2019 passed by the learned Single Judge of this Court in W.P.(S) No.3134 of 2017, whereby and whereunder the writ petition has been allowed and in consequence thereof, the respondents have been directed to consider the case of the petitioner for compassionate appointment according to the provisions of National Coal Wage Agreement-IV (hereinafter referred to as the ‘NCWA-IV’).

7. The brief fact of the case, which requires to be enumerated, reads as hereunder:

The father of the writ petitioner namely, Jhari Mahto died in harness on 27.10.2008 in course of treatment at Rajendra Institute of Medical Sciences (RIMS) while working in Kedla O.C. Project under the Central Coalfields Limited. The brother of the writ petitioner namely, Mohar Lal Mahto had applied for compassionate appointment on 20.12.2008 but after submission of application for compassionate appointment, he met with a road accident and succumb to injury on 12.12.2009. After death of the brother of the writ petitioner her brother namely, Raghunath Mahto submitted an application on 03.04.2010 to the Project Officer, Kedla O.C.P and requested to provide compassionate appointment to his sister namely, Sushma Kumari. The petitioner further submitted an application for compassionate appointment on 08.04.2013 before the appellants-CCL stating therein that earlier also an application was submitted by her but was not accepted as she was less than 18 years old during the relevant time. The writ petitioner further requested that she has crossed the age of 18 years so her case may be considered. The writ petitioner received a communication dated 21.11.2013, whereby and whereunder her case for compassionate appointment was not considered under the provision of Para 9.3.0 by the competent authority, aggrieved thereof, the petitioner approached to this Court under Article 226 of the Constitution of India.

The writ petitioner agitated the ground that even though she was fully dependant upon the deceased father, who was admittedly an employee of the Central Coalfields Limited and died in harness. Thereafter, she became dependant on deceased brother, who died in a road accident. It has further been agitated that unmarried daughter also comes under the definition of dependant and therefore, compassionate appointment is to be provided as per the condition stipulated under N.C.W.A-IV, Para-9.4.0, 9.4.1, 9.4.2 (i) and (ii) and as such, the action of the respondents, rejecting the claim of the writ petitioner is illegal, arbitrary and as such, not sustainable in the eye of law.

The respondents-CCL had appeared and filed a detailed counter affidavit before the learned Single Judge, opposing the contention of the petitioner and submitted that after the death of her father late Jhari Mahto, his nominee namely Mohar Lal Mahto, the brother of the petitioner applied for compassionate appointment on 20.12.2008 but he died in a road accident before his claim for compassionate appointment could be finalised. Thereafter, his sister namely, Sushma Kumari, who was aged about 14 years and 6 months as on date of death of deceased employee applied for compassionate