IMPORTANT POINT
The court emphasized that age for compassionate appointment must be determined by official documents, not medical assessments, to uphold the intent of beneficial legislation.

JUDGMENT :

I.A. No. 1672 of 2024:

1. The instant interlocutory application has been filed for condonation of delay of 35 days.

2. The reason of delay has been assigned as paragraph 4 in the interlocutory application.

3. The appearance has been made on behalf of CCL, however, no objection to the delay condonation application has been filed but learned counsel appearing for the respondent CCL has made opposition to the condoning of delay.

4. This Court heard learned counsel for the parties and perused the delay condonation application, wherein at paragraph 4 the reason has been assigned that after the demise of the father of the petitioner, the entire family members was in financial constrains and as such could not be able to contact the counsel to assail the impugned order within stipulated time.

5. The case is with respect to the denial of the claim of the petitioner which is the dependent of the deceased employee and as such this Court is of the view that the reason as referred at paragraph 4 is considered to be sufficient cause to condone the delay, so as to decide the matter on merit. Accordingly, the delay condoning application is hereby allowed and delay of 35 days in filing the instant appeal, is, hereby condoned.

6. The instant interlocutory application stands disposed of.

L.P.A. 329 of 2023:

Prayer

7. The appeal is under clause 10 of the Letters Patent Appeal is directed against the order dated 26.04.2023 passed by the learned Single Judge of this Court in W.P. (S) No. 3028 of 2022 whereby and whereunder the decision taken by the Authority dated 30th August 2017 by which the claim of petitioner for compassionate appointment under the National Coal Wage Agreement has been rejected, refused to be interfered with by dismissing the writ petition.

Facts

8. The brief facts of the case as per the pleadings made in the writ petition which reads for the event of factual aspect as under:

The father of the petitioner namely Sanicharwa designated as a Sweepar Cat-II in Kedla Open Cast Project under Charhi area of M/s Central Coalfields Limited, died in harness on 28.07.2016. The application preferred for the petitioner by his mother for grant of compassionate appointment to the petitioner in terms of Para 9.3.0 of National Coal Wage Agreement.

For that very purpose, a pre-employment age assessment was made by the Medical Board constituted by the Management of M/s Central Coalfields Limited and the age of the petitioner was assessed to be 37½ years thereby leading to the impugned order dated 30.08.2017 rejecting the claim for compassionate appointment of the petitioner. The petitioner being aggrieved with the said order approached this Court by filing writ bearing W.P. (S) No. 3028 of 2022.

9. It is evident from the factual aspect that the father of the writ petitioner late Sanicharwa, working as sweeper category-II has died in harness on 28.07.2016. The wife of the deceased employee namely Smt. Jhanwa Devi had applied for the petitioner’s appointment under the provision 9.3.0 of the National Coal Wage Agreement.

10. The said application has been forwarded for consideration for his candidature for appointment under the aforesaid provision of the national coal wage agreement. The case of the writ petitioner was considered but due to difference in date of birth in the AADHAAR card vis-a-vis official documents the decision was taken for constituting the medical board for the pre-employment age assessment of the writ petitioner.

11. The writ petitioner appeared before the age assessment board and his age was assessed in age between the age of 35-40 years. The Competent authority by taking the mid point i.e. 37½ years has rejected the claim of the writ petitioner on the ground that the maximum age prescribed for consideration of candidature of one of the dependant of the deceased employee for compassionate appointment under National Coal Wage Agreement is 35 years.

12. The petitioner being aggrieved with the same had approached this Court by filing the w