2025:JHHC:13142 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1085 of 2020 --------- 1. Sheo Kumari Devi Wife of late Jhalan Ram, aged about 61 years. 2. Daya Shankar Ram son of Late Jhalan Ram, aged about 32 years Both resident of Coal Board Colony, Kandara (Sindri), P.O. Motinagar, P.S. Goshala, O.P., District-Dhanbad. ....Petitioners Versus 1. M/s Bharat Cocking Coal Ltd, through its Chairman-cum Managing Director, having its office at Koyala Bhawan, Koyala Nagar, Dhanbad, P.O. Koyala Nagar P.S. and District Dhanbad. 2. The Director Personnel (Head Quarter), M/s Bharat Cocking Coal Ltd, having its office at Koyala Bhawan, Koyala Nagar, Dhanbad, P.O. Koyala Nagar P.S. and District-Dhanbad. 3. The Personnel Manager, (Head Quarter), M/S Bharat Cocking Coal Ltd, having its office at Koyala Bhawan, Koyala Nagar, Dhanbad, P.O. Koyala Nagar P.S. and District Dhanbad. 4. The General Manager, E.J. Area, Bhowra, M/s B.C.C.L P.O. Bhowra, P.S. Bhowra, District - Dhanbad. 5. Personnel Manager, Ropeways M/s B.C.C.L P.O. Pathardih, P.S. Jharia, District-Dhanbad. 6. Sr. Personnel Officer, Ropeways Area, M/s B.C.C.L P.O. Pathardih, P.S. Jharia, District- Dhanbad. 7. Project Officer, Ropeway, BhulanBararee Camp, Eastern Jharia Area, M/s B.C.C.L P.O. Pathardih, P.S. Jorapokhar, District- Dhanbad. 8. Chief Medical Officer, Medical Board, Koyala Nagar Hospital M/s B.C.C.L Dhanbad, P.O. Koyala Nagar P.S. and District- Dhanbad. ....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioners : Mr. Tejo Mistry, Adv. For the Resp.-BCCL : Mr. Arpan Mishra, Adv. --------- 14/28.04.2025 The instant writ application has been preferred by 2025:JHHC:13142 the petitioners praying therein for quashing the letter dated 26.11.2019 issued by the 7th respondent (Annexure-17); whereby the petitioner was informed that his case for compassionate appointment cannot be considered under NCWA Scheme. 2. For brevity relevant portion of the impugned is quoted hereinbelow:- BHARAT COKING COAL LIMITED. A MINI RATNA COMPANY A SUBSIDIARY OF COAL INDIA LIMITED OFFICE OF THE PROJECT OFFICER ROPEWAYS Ref. No. BCCL/EJA/R19/281 Dated 26/11/2019 To, Shri Daya Shankar Ram S/o Late Jhalan Ram Ex. Helper/attendant Ropeways. Sub: Regarding employment claim of Shri Daya Shankar Ram S/o Lt. Jhalan Ram Ex. Helper/Attendant, Ropeways under CPC Scale of pay. Dear Sir, This has reference to the aforesaid subject, Letter No. BCCL/PA-VI/2019/5129 (Н). dated 23.11.2019 and Corrigendum letter No. BCCL/PA-VI/2019/5137(H) dated 25.11.2019 issued by the General Manager (P) MP & R, BCCL, Koyla Bhawan, that the deceased employee Late Jhalan Ram was ex-employee of Coal Board and while their merger with BCCL, Late Jhalan Ram submitted Option-3 accordingly in which he retained his existing pay scale and service condition including pensionary benefits prior to absorption in Coal companies. Accordingly, he continued to get C.P.C. Scale of Pay and other benefits, which was being paid prior to his absorption to BCCL. He did not accept the condition of service of scale of Pay of National Coal Wages Agreement which is applicable to the employees of BCCL. Accordingly. the wife of the deceased Late Jhalan Ram is continuously getting widow pension under Central Pay Commission Pension Scheme and presently she is drawing an amount of Rs. 14,580/- for every two months. It is to mention here that depended employment on death or disabled while in service is a provision as per NCWA applicable to the employees of Coal India Limited whose service condition are governed as per NCWA. Since the service condition of Late 2025:JHHC:13142 Jhalan Ram was guided as per CPC Service Rules the benefit of dependent employment under NCWA provision cannot be extended to his dependent. In view of above, your claim for dependent employment under NCWA cannot considered. Yours faithfully Sd/-Illegible 26.11.19 Project Officer Ropeways E.J. Area Emphasis Supplied 3. It further transpires from record that the death of the deceased employee occurred on 30.12.2007 and for the first time, the petitioner approaches this Court on 03.03.2020 i.e. after a lapse of 13 years. The claim of the petitioner that his case was under active consideration and finally when it was rejected; he approaches the Court does not have much substance. 4. Learned counsel further draws attention of this Court towards Annexure-2 and submits that one Nagen Thakur was also similarly situated employee like that of the deceased employee, however after the death of Nagen Thakur his legal heir has been given compassionate appointment; as such he may also be given the same benefit. 5. This Court is not in agreement with the submission learned counsel for the petitioner, in view of the fact the basic object of compassionate appointment is to give immediate relief to the bereaved family of the deceased employee. The petitioner himself waited for 13 years to approach this Court. 2025:JHHC:13142 Moreover, after going through the impugned order, no infirmity is being found, inasmuch as, the deceased employee late Jhalan Ram submitted option 3, accordingly he retained his existing pay scale and service condition including pensionary benefit prior to the absorption of the coal company and therefore, he continued to get CPC scale of pay and other benefits which was being paid prior to his absorption to BCCL. The impugned order further suggests that he did not accept the condition of service of scale of pay of NCWA which is applicable to the employee of the BCCL. 6. Having regard to the admitted facts and circumstances of the case, no relief can be granted to this petitioner, accordingly, the writ petition stands dismissed. (Deepak Roshan, J.) Amardeep/-