JUDGMENT :

1. The instant intra-court appeal is under Clause 10 of the Letters Patent directed against the order/judgment dated 26.11.2020 passed in W.P.(S) No.7704 of 2017 whereby and whereunder the learned Single Judge has refused to interfere with the decision of the authority as contained in letter dated 22.07.2017 by which the case of the writ petitioner for appointment on compassionate ground has been rejected.

2. The brief facts of the lis which is required to be enumerated read as hereunder:

Father of the writ petitioner was appointed on 24.04.1984 as Driver under the respondent-CCL and was working in KDH Colliery. He was suffering from kidney and eye problem and, in that view of the matter, he offered for voluntary retirement under the policy of the respondent-CCL and requested to provide employment to the writ petitioner, who happens to be his son. However, he was declared fit and accordingly request for voluntary retirement was turned down by the authorities. Again on 25.02.2014, the father of the writ petitioner made an application before respondent No.5 stating therein that he is suffering from acute kidney problem etc. and as such, he made a prayer for providing employment to the writ petitioner under Para 9.4.0 of National Coal Wage Agreement. The said application was forwarded to the competent authority and the father of the writ petitioner was found to be medically unfit vide letter dated 13.01.2015. The father of the writ petitioner died in harness on 10.09.2015. Thereafter, the case of the writ petitioner was turned down on the ground that he was overage.

The writ petitioner has come to this Court by filing writ petition under Article 226 of the Constitution of India taking the plea that the writ petitioner has produced Aadhar Card and Driving License, etc., to show that his age was below 35 years but it has not been considered by the respondent-CCL in its right perspective. Further ground has been taken that the writ petitioner has also produced the certificate issued by the Civil Surgeon-cum-Chief Medical Officer, Ranchi, whereby, his age has been assessed as 30 to 35 years. It has also been submitted before the learned Single Judge that in view of the provision of N.C.W.A., the case of the writ petitioner is fit to be considered and the writ petitioner is entitled for appointment on compassionate ground.

On the other hand, respondent-CCL took the plea before the learned Single Judge that the case of the writ petitioner has rightly been rejected by the competent authority because the father of the writ petitioner, namely, Late Gyanchand Prasad was designated as Dumper Operator at Rohini Project of N.K. Area and he died on 10.09.2015. The father of the writ petitioner applied for appointment of his son i.e. the writ petitioner, under para 9.4.0 of N.C.W.A. The respondent-CCL has fairly declared him unfit after medical examination.

It has also been submitted that the application of the writ petitioner was considered and sent to Central Hospital, Gandhi Nagar for the purpose of pre-employment age assessment. He appeared before the Board on 24.05.2017, wherein, his age was determined and assessed as 37 1/2 years. The date of birth of the writ petitioner on the date of submission of his application, i.e., on 20.02.2015 stood as 24.11.1979 and as he was 35 years 02 months and 26 days, as such, was not allowed compassionate appointment.

The learned Single Judge after considering the aforesaid argument and the condition stipulated under NCWA, has dismissed the writ petition, which is the subject matter of the present intra-court appeal.

3. Learned counsel for the appellant-writ petitioner has submitted by assailing the order passed by the learned Single Judge that the case of the writ petitioner ought to have been considered under para 9.4.0 of the NCWA under which the provision has been made to provide appointment to the dependant of the employee who, if, declared to be medically unfit and took voluntary retirement but h