JUDGMENT : Heard the parties. 2. The petitioner has filed the instant writ petition praying interalia for a direction commanding upon the respondents to take final decision in terms of minutes of the meeting dated 18.12.2013 in the matter of appointment on compassionate ground on account of death of his mother-in-law in harness. 3. The factual exposition as has been delineated in the writ application is that mother-in-law of the petitioner was a permanent employee of respondent – M/s. BCCL and was working as Shale Picker, who died in harness on 10.08.2005 leaving behind her husband, married daughter Basanti and the petitioner (son-in-law). After her death no other dependent was available for being appointed and the petitioner being qualified in terms of Clause 9.3.3 of the NCWA, filed application for his appointment on compassionate ground enclosing therewith requisite certificates. The respondents also prepared a check list wherein all the details of the petitioner was mentioned including his date of birth as 15.06.1977. Thereafter petitioner was asked to appear before the Medical Board on 18.06.2008 where he was examined and declared fit for employment. However, contrary to the School Leaving Certificate and other documents, the Medical Board assessed his age as 35 to 40 years as on 18.06.2008. Thereafter, the matter was taken up by the Trade Union before the respondents – Management about the illegality committed by the Medical Board of the Management to reconsider the matter. However, claim of the petitioner was again regretted on the ground that the petitioner is indirect dependent of ex-employee and direct dependent i.e. husband of the deceased employee was alive on that date, as is evident from the letter dated 11.10.2010 and case of the petitioner was again rejected on a wrong notion. Petitioner again represented before the General Manager (P), BCCL for consideration of his case for appointment on compassionate ground but no order is being passed. 4. Learned counsel for the petitioner submits that petitioner is the only suitable legal heir of deceased employee fit for appointment on compassionate ground in terms of Clause 9.3.3 of NCWA. Husband of the deceased employee had already crossed the age of 60 years on the alleged date of consideration of his appointment. 4. Learned counsel for the petitioner submits that petitioner is the only suitable legal heir of deceased employee fit for appointment on compassionate ground in terms of Clause 9.3.3 of NCWA. Husband of the deceased employee had already crossed the age of 60 years on the alleged date of consideration of his appointment. Learned counsel further submits that though the petitioner has been informed that the matter has been referred to the Apex Committee for reexamination, but no order has been passed on his representation and petitioner is moving from pillar to post. The petitioner is being harassed illegally and arbitrarily. By referring Clause 9.3.2 and 9.3.3 of the National Coal Wage Agreement, learned counsel for the petitioner submits that petitioner being son-in-law of deceased employee, is fit for appointment. 5. Mr. Anoop Kumar Mehta, learned counsel for the respondents BCCL candidly makes his submission controverting arguments submitted by learned counsel for the petitioner. By referring para 4(g) of the counter affidavit learned counsel submits that Headquarters of the respondent Company at Koyla Bhawan, Dhanbad has decided to refer the matter to Apex Committee to reexamine but no decision has been taken which reflects that the competent authority has decided not to reopen the rejected case. 6. Before considering rival submission of the parties, it is relevant to quote Clause 9.3.2 and 9.3.2 of the NCWA. “9.3.2 Employment to one dependent of the worker who dies while in service. 9.3.3 The dependent for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependent is available for appointment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased may be considered to be the dependent of the deceased.” 7. Considering aforesaid cumulative aspect of the matter as well as facts and circumstances of the case, the guidelines and NCWA the respondent no. 2 – Director (Personnel), Bharat Coking Coal Limited is hereby directed to take a decision regarding constitution of the Apex Committee, if it is not in existence as on date. After constitution of the Apex Committee, steps may be taken for a fresh decision for reexamination of the issues earlier decided. If it is already functioning, steps may be taken to take a decision on the reexamination of the decision by the Apex Committee. After constitution of the Apex Committee, steps may be taken for a fresh decision for reexamination of the issues earlier decided. If it is already functioning, steps may be taken to take a decision on the reexamination of the decision by the Apex Committee. The said decision to be taken within a period of three months and it should be communicated to the petitioner within a further period of three months thereafter. If such decision is taken in favour of the petitioner, appointment letter regarding his compassionate appointment be immediately and forthwith issued within a further period of 15 days thereafter. 8. With the aforesaid observations and directions, this writ petition is disposed of.