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Judgment
Deepak Roshan, J
The instant writ application has been preferred by the petitioner praying for a direction upon the respondent-authorities to provide compassionate appointment to the petitioner in place of his father who died in harness on 06.06.2022 while working on the post of PB Operator in view of the fact that after the death of sole bread earner in the family all the dependents of the deceased employee are facing starvation.
A counter affidavit has been filed in this case stating that the petitioner is not entitled to the relief as has been sought by him.
Learned counsel for the petitioner submits that the petitioner and his mother has entered into an agreement that she will take the entire monetary benefit in lieu of the appointment in service to be provided to petitioner. Learned counsel also relies on the said agreement and as such he prays for a Mandamus upon the coal company to issue appointment letter in his favour.
Mr. Amit Kumar Das, learned counsel for the respondents relying upon its counter affidavit especially paragraph nos. 8 to 11 submits that the petitioner is not entitled for the employment. Learned counsel for the respondents further submits that as per the rules the entire monetary benefit has been given to the widow of the deceased employee, namely, Lalita Devi. He further submits that as a matter of fact Lalita Devi the widow of the ex-employee has also filed a complaint case against this petitioner for making forged signature.
Having regard to the aforesaid facts and circumstances, this Court is of the view that neither this Court can enforce the agreement held between the petitioner and his mother nor it can give any observation on the complaint case. From the averments made in the counter affidavit filed by the coal company it is clear that the claim was forwarded to the Area Level Screening Committee for examining the genuineness and verification of the document, however, during verification the mother of the petitioner never appeared and as per their own rule no objection for employment to the petitioner is required. As per company norms except spouse, if any other person claims compassionate appointment then he will have to give no objection certificate. As stated hereinabove a complaint case against the petitioner has been filed by his mother.
In view of the aforesaid facts and circumstances, no Mandamus can be issued to the coal company for giving appointment to the petitioner and hence the instant writ application stands dismissed.