JUDGMENT : S.N. Pathak, J. Heard learned counsel for the parties. 2. In the instant writ petition the petitioner has prayed for quashing the letter issued under memo no. 4029 dated 23.12.2013 whereby claim of the petitioner for appointment on compassionate ground has been rejected on the ground of delay. 3. Brief facts of the case as disclosed in the writ petition are that father of the petitioner was a permanent employee working on the post of Wagon Loadr in Railway Siding of Urimari Project of M/s. Central Coalfields Limited. On 21.06.2000, petitioner's father Haluman Munda died in harness leaving behind his widow, two sons and four daughters. Soon thereafter, the Madan Munda, elder son of the deceased employee (elder brother of the petitioner) made an application along with death certificate and other relevant documents for his appointment on compassionate ground under the provisions of Para9.3.2 of the National Coal Wage Agreement. During pendency of said application of Madan Munda, he died on 07.01.2007. Thereafter, on 10.07.2007 the petitioner's mother made an application before the Project Officer, Urimari Project intimating death of his elder son with a further request for consideration of case of the petitioner being her second son for his employment. Vide notice dated 05.11.2011, the Deputy Personnel Manager, asked the petitioner to appear before him along with original Death Certificate of the ex-employee and other authenticated documents on 11.11.2011. On appearance, the petitioner was intimated to submit fresh certificate and no-objection for consideration of the case vide memo no. 1612 dated 03.05.2013. The petitioner, in compliance of the directions issued by the respondents submitted no objection certificate of other surviving dependents of Late Haluman Munda and other documents in the office of the Deputy Personnel Manager, Urimari Project. However, by the impugned letter issued under memo no. 4029, dated 23.12.2013, claim of the petitioner was rejected. Being aggrieved by the said rejection, petitioner has preferred instant writ petition for the aforesaid reliefs. 4. Learned counsel for the petitioner has submitted that claim of the petitioner has been erroneously rejected by the respondents in view of the fact that within six month of death of Haluman Munda on 21.06.2000, his elder son Madan Munda made an application on 19.12.2000. However, application of Madan Munda was kept pending by the respondents for years without any fault on his part and in the meantime he died on 07.01.2007. However, application of Madan Munda was kept pending by the respondents for years without any fault on his part and in the meantime he died on 07.01.2007. Thereafter, the petitioner being younger son of the deceased employee applied for his appointment on compassionate ground on 10.07.2007. Thereafter, he complied directions of the respondents and submitted relevant documents. The application filed by the petitioner cannot be treated to be belated one as application of Madan Munda was kept pending till his death and immediately thereafter, the petitioner filed application in continuation of the earlier application made by his elder brother. Thus, the application of the petitioner should not have been rejected on the alleged ground of delay, specially when he was asked to appear and submit relevant documents. 5. On the other hand Mr. A.K. Das, learned counsel appearing on behalf of the respondents has opposed the prayer and further by referring relevant paragraphs of the counter submitted that upon death of Madan Munda, the widow of ex-employee Late Haluman Munda represented on 10.07.2007 seeking employment of petitioner Dinesh Munda. However, the petitioner applied for his appointment on compassionate basis in the prescribed format after expiry of four years i.e. on 20.10.2011. After consideration of petitioner's claim, the same has been rejected by impugned letter dated 23.12.2013 on the ground that in National Coal Wage Agreement, there is no concept of transferring or substituting an application in place one by another, therefore, application of Dinesh Munda is separate and independent one, and that since the application cannot be transferred the same has been filed after inordinate delay after death of his father Late Haluman Munda. It is further pointed out that 13 years have already elapsed from death of ex-employee and as such there is no compassion and hence petitioner's application has been rightly rejected. 6. In view of rival submission of the parties and going through records of the case, I find that it is not disputed by the respondents that brother of the petitioner died on 07.01.2007 and thereafter, his mother preferred an application on 10.07.2007. However, no order has been passed either in the application preferred by elder brother of the petitioner dated 19.12.2000 or on the application dated 10.07.2007 preferred by petitioner's mother. Thereafter, the petitioner filed an application on 20.10.2011 seeking his appointment on compassionate ground. However, no order has been passed either in the application preferred by elder brother of the petitioner dated 19.12.2000 or on the application dated 10.07.2007 preferred by petitioner's mother. Thereafter, the petitioner filed an application on 20.10.2011 seeking his appointment on compassionate ground. I find plea taken by the respondents for rejecting claim of the petitioner is not justified. The delay cannot be taken as a ground by the respondents in view of the fact that brother of the petitioner had also made application within time on which no order has been passed and during pendency of his application, he died and it was only after his death the petitioner's mother made an application in the year 2007 itself and when no order has been passed on her application also, the petitioner preferred an application for his appointment on compassionate ground. Thus, for the apparent latches and delay on the part of respondents, the delay, if any, cannot be attributed to the petitioner. Under National Coal Wage Agreement-V the petitioner falls under the category of dependent being second and surviving son of deceased employee. 7. Be that as it may, considering facts and circumstances, I am of the considered view that it is an admitted position that application filed by the petitioner's brother was on time which was kept pending for years due to latches on the part of the respondents. After his death petitioner applied for his appointment and therefore, the impugned order under memo no. 4029 dated 23.12.2013 whereby claim of the petitioner for appointment on compassionate ground has been rejected on the ground of delay, is hereby quashed and set aside. The respondents are directed to take a decision afresh on the application of the petitioner for appointment on compassionate ground within a period of three month from the date of receipt/production of a copy of this order. Needless to say if the petitioner is found entitled for appointment, the same be issued within a further period of one month thereafter. 8. With the aforesaid observations and directions this writ petition stands disposed of.