ORDER :

1. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 20.08.2018 passed by learned Single Judge of this Court in W.P. (S) No. 6125 of 2016 whereby and whereunder learned Single Judge has refused to interfere with the decision passed by the administrative authority dated 22/27.08.2016 by which the claim of the writ petitioner for appointment on compassionate ground has been declined.

2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under:

The father of the writ petitioner, namely, Late Etwari Ram, was employee of Bharat Coking Coal Limited and was working as a Peon in the Executive Establishment Section. The said Etwari Ram died in harness on 12.09.1997. After the demise of the father of the writ petitioner, the Petitioner's mother Smt. Lalita Devi, widow of deceased employee, applied for employment on compassionate ground but she was informed by the respondent authorities that since she had crossed the upper age limit of 45 years, she cannot be given appointment on compassionate ground and accordingly, she was advised to claim the monetary compensation or to propose some other name for compassionate appointment.

The mother of the petitioner vide her letter dated 14.07.1998 requested the respondent authorities to give employment to her son, namely, Suraj Kumar Rawani @ Suraj Ram, writ petitioner herein and as the petitioner was minor at that time, the Petitioner's mother requested to the respondents to place her son in live roster and in the meantime, grant compensation to her with a further undertaking that as soon as the son, Suraj Kumar Rawani @ Suraj Ram would be granted employment in the B.C.C.L. monetary compensation may be stopped.

Accordingly, the name of the Petitioner was placed in live roster and mother of the petitioner was granted monetary compensation. Thereafter, when the petitioner attained majority, he was asked to submit the requisite documents and has also been asked to complete the other formalities including for appearing in the interview. When the petitioner was successful in the interview, he was given appointment letter vide letter no. BCCL/PA-VI/3(13)/HQ/31/2001/9415 dated 11/14.05.2002 for the post of UG General Mazdoor.

Accordingly, the petitioner approached the respondent authorities for his joining, but he was denied his joining on the ground that there is some reference proceeding pending before the Central Government Industrial Tribunal, Dhanbad which has been initiated by one Ram Swaroop Ram who claims to be the elder step brother of the petitioner.

Thereafter, the respondent authorities communicated the petitioner about his employment being kept in abeyance vide its Letter No. BCCL/PA-VI/3(13)/HQ/31/2001/15190-92 dated 01.08.2002 on account of the pendency of the said reference proceedings.

The respondent authorities thereafter advised the mother of the petitioner to appear and to contest their case before the learned Central Government Industrial Tribunal, Dhanbad and only after final decision is taken in the said reference, the Petitioner would be given employment. Petitioner's mother was also asked by the respondents to claim the monetary compensation in the meantime, which was stopped because of the processing of the claim for appointment of the Petitioner.

Thereafter, the mother of the petitioner requested the respondent authorities to resume the monetary compensation till the order of abeyance of employment of the petitioner is revoked.

It is the case of the petitioner that it came to his knowledge that Ram Swaroop Ram, step son of late Etwari Ram, has raised the industrial dispute, which has been referred to the learned Central Government Industrial Tribunal, Dhanbad under the terms of reference which is as under:

“Whether the action of the Management-Bharat Coking Coal Limited, Koyla Nagar, Dhanbad in refusing employment to the dependant