Permanent disability benefits under Public Sector Agreements require proof of loss of employment due to injury, and hereditary employment claims violate constitutional equality mandates.

ORDER :

Ananda Sen, J.

By filing this writ petition, petitioner has prayed for the following reliefs: -

A) The office order dated 29.03.2014 issued by the General Manager (P&IR) C.C. (Annexure 6) be quashed.

B) The office order dated 10.04.2014 issued by the Staff Officer (P&A) whereby and whereunder the application of the petitioner for retirement under Medical Ground has been rejected (Annexure 7) be quashed.

C) The Respondents be directed not to give effect to the office orders dated 10.04.2014 and 29.03.2014 issued by the staff Officer and General Manager (P&IR) C.C.L. Ranchi and to pass a fresh order according to Para-9.4.0(I).

D) The Respondents be directed to consider the case of the petitioner afresh under the provision of Para 9.4.0(I) which is applicable in the case of the petitioner and to pass a final order within a stipulated period.

E) The Respondents be directed to accept the application of his resignation under Medical ground under 9.4.0(I) of the NCWA as the disablement of the petitioner arises from injury consequent upon an accident which is permanent in nature resulting into loss of employment.

F) The Respondents be directed to treat the petitioner as retired under Medical ground under Para 9.4.0(I) NCWA and to extend all consequential benefits thereon.

G) The Respondents be directed to consider the case of the petitioner under Para 9.4.0(I) and to provide employment to his dependent/son under the scheme.

H) The Respondents be directed not to discriminate the petitioner and to extend the same benefits of retirement vis-à-vis employment to his dependent at par with the same and similar situated person.

I) The Respondents be directed to refer the cause of the petitioner again before the Medical Board for its report as required for retirement under Medical ground under Para 9.4.0(I) NCWA.

2. The petitioner was appointed as a Loader. While he was posted as Senior Lineman in N.K. Area, on 29.04.2013, in course of returning from duty, he met with an accident. He sustained compound fractures because of the said accident. He was admitted in the CCL Hospital on 29.04.2013 and was referred to Apollo Hospital for further treatment on 02.05.2013. On 19.05.2013, he was discharged from the Apollo Hospital, but was again admitted to the CCL Hospital on 20.05.2013. In the Apollo Hospital, he had undergone surgery as there were several injuries including abdomen injuries, chest injuries and multiple fractures. Often as a result of the said injuries, he had to be hospitalized. It is the case of the petitioner that since he was seriously injured and injury was permanent in nature, he was not in a position to stand and move, which is a permanent disability. He is medically unfit to perform his duties. On 31.07.2013, he made an application before the Project Officer, N.K. Area, Central Coalfields Limited mentioning that as he was not in a position to perform his duties due to serious injuries. He invoked Clause 9.4.0 of National Coal Wage Agreement (NCWA) and sought employment for his dependent son under the said scheme. No action was taken on his application. Petitioner was directed to submit an application in proper format. His application was referred to the General Manager. The Area Screening Committee consulted the petitioner and found that he is not able to perform the duties due to the said accident and his case is fit for reference. Vide letter dated 29.03.2014, the matter was referred to the Medical Department, but the same was returned with a remark that the petitioner has left with less than two years of service on the date of his application, therefore, in terms of Clause 9.4.0 o