HIGH ¢$URT OF CHHATTI$GRRH: 3i§$PUR wm Fetitiop . No. $559 of 268g ”XWL . Raj Kumar Pandey, Jo. Shri Awadh Kis’nore Pandey, aged about 42 years, Dependent of Prasad 8m. Kathm, Ex. Category i, Korea Catliery, {esident of Clo. Saraswati Devi, Mahi!a Manda! Saéasay: Near Police Sta isn, Korea Calliery, District Korea (CGJV Petitioner Versus ’1 '..¢ "f fr Resgoncients 1) The Chairman cum Managing Directar, Sipat Road, SEQL, Biiaspur. {Pa55gd 9n 30‘“ day 9f Jmea mm} Learned counsei appearing for the petirioner submits that the petitioner is son-rn-Kaw cf Ram Prasad. As per ciauee 4.3 {iii} of Narlonar Ceal Wage Agreement —rV implementatien mstruction N031 dated 5a8-‘i 989 (Annexure Pm, the petitioner is entitied to be considered for grant of cpmpassiorrate appointment against his father-in-iaw, Ram Prasad. it is submitted that the petitierier’s rather-in- iaw, Ram Praead was deciared medioaiiy unftt, thus, he was terminated by order dated 28-84993 (Annexure PB). Learned counsel further submits that the petitioner is emitted to be considered for grant of compassionate appointment under .. the provisions of Nationai Coal Wage Agreement —iV impiementation tnstruction No.1. 2) The Diractorx Karmik DP. Sipat Road, SEQL, Biiaspur {CG}. m V 3) The Chie‘ General Mamager! Chirmiri Area, West Chirmiré, SECL, Korea, District Korea (CG). ! (Wr‘si Pakétion unde? Artic‘a 226192? of me Canstitution of mdia.} $3: Hon’bie Mr. Saiish K. Agnii'mtvi, J. respondenis. ORAL ORwER n facts are discuted as it is not found that the petitioner is a son—“Haw of Shrt Ram Prasad and even the castes are different. Ram Prasad in his semce book has not written any name in the column of dependent members (Annexufe RN) and the same atso indicates that the petitioner has no reiattonship with Shri Ram Praead. A) Par contra, teamed caunsel appearing fer the respondents submite. that the a) Be that as it may, since the disputed questians of facts cannot be decided nv this Court and the matter was filed on 25—6—2002 after a period of about i2 years from the date Ram Prasaoi became disabled, this petition is not maintainabie. 4) Learned oounsei appearingtor the petitioner prays that iiberty may be granted to the petitionerto approach the Civti Court for getting the deciaration that the petitioner i3 a son—in-iaw of Ram Prasad. 5) in View of the above, the petitton is disposed of with the aforesaid ttberty, é Sdb Satish K. Agnihotri i Judg Raju