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Judgment
Deepak Roshan, J
The instant writ application has been preferred by the petitioner praying therein for quashing the letter as contained in Annexure-2 to this writ application; whereby the concerned respondent has rejected the claim of the petitioner for giving compassionate appointment on the ground of belated claim.
Learned Sr. Counsel for the petitioner fairly submits that on 14.08.2006 the erstwhile employee died while in service and the petitioner applied for compassionate appointment almost after two years; thus, there was a delay of more than 18 months. Learned counsel for the petitioner therefore prays that some sympathy may be shown as the scheme of the compassionate appointment is a welfare scheme.
Learned counsel for the respondents submits that the issue of compassionate appointment is governed by National Coal Wage Agreement (in short, NCWA) and at that relevant time the period for applying for compassionate appointment was 18 months from the death of the deceased employee.
Having regard to the aforesaid facts and circumstances, no relief can be granted to the petitioner on two counts viz. (i) the compassionate appointment in respondent-coal company is governed by NCWA which is nothing but an agreement between the Union and the Management, therefore, it has to be abided by the terms of agreement and (ii) even otherwise, the impugned order is dated 26.02.2011 and the instant writ application was filed on 24.11.2012. Therefore, the petitioner took almost 1½ year in filing the writ application. Furthermore, 19 years has lapsed since petitioner’s father died as we are now in the year 2025 and thus, the basic purpose and object of compassionate does not survive.
Accordingly, the instant writ application stands dismissed.
Pending I. As, if any, also stand disposed of.