Rasamay Paul vs Central Coalfields Ltd. and Others

Ajit Kumar Sinha, J.—The present writ petition has been filed for issuance of an appropriate writ, order of direction commanding upon the respondents to immediately and forthwith pay full compensation amount to the petitioner on account of the fact that the petitioner sustained major injuries during the course of his employment due to roof fall in Lower Semana Seam of Sirka (Under Ground) on 5.6.2001.

It has also been prayed to grant employment to the petitioner''s son Raja Paul on compassionate ground under Rule 9.4.0 of National Coal Wage Agreement No. 6 on the ground that he had applied for early retirement way back in 1997 due to bad health. He has further prayed for issuance of a writ of mandamus to allow him to retain the quarter and to pay all retiral benefits.

The main contention raised by the petitioner is that he sustained serious injuries while on duty and thus he was entitled to compensation and other facilities after retirement including medical assistance even after retirement and compassionate appointment due to his ill health.

The counsel for the respondent submits that the Medical Board was duly constituted under Clause 9.4.0 of NCWA and the decision was duly communicated to the petitioner vide letter No. PO/Sirka/PD-9.4.0/98/7639 dated 30.10.1998 and he was declared fit for the job and duty by the Medical Board.

It is an admitted case that the petitioner worked till superannuation and he was found fit for surface job and accordingly he was shifted from under ground work to surface job wherein he continued till his retirement. It has also been contended that as per Rule he was entitled to retain the quarter for a period of three months after retirement. The fact remains that the petitioner worked till his superannuation up to 31.1.2002 and thus the request to retain the quarter after three months of retirement is erroneous and unsustainable.

It has also been contended that the representation for employment of his son under Clause 9.4.0 when the petitioner admittedly worked and received full wages up to the date of his retirement was illegal and unjustified.

The respondents on affidavit have further stated that the petitioner was paid full wages for the period he remained under treatment from 6.6.2001 to 29.1.2002. The petitioner admits that pursuant to the retirement the entire retiral dues including the arrears of wages arising out of revision of pay has been paid.

I have considered the pleading and the rival contention of the parties. It is admitted by the petitioner that the post retiral dues including the arrears have been paid and collected by the petitioner. It has further been admitted that the petitioner received full wages / salary till his date of superannuation. I also find that the full wages for the period under treatment from 6.6.2001 to 29.1.2002 was also paid and collected. It is well settled that compassionate appointment is permissible only in case the deceased employee dies in harness or he is incapacitated from performing his job.

In the instant case the petitioner did work till his superannuation and the Medical Board found him fit for surface work and thus the prayer for compensation is unsustainable and is accordingly rejected.

The claim for appointment on compassionate ground also does not arise in view of the finding of the Medical Board that the petitioner was medically fit to do surface job which he actually did perform with full wages and continued till his superannuation.

Considering the aforesaid facts and circumstances of the case I find no merit in this writ petition and the same is accordingly dismissed.