JUDGMENT : ANANDA SEN, J. Heard learned counsel for the petitioner and learned counsel for the Central Coalfields Limited. 2. The petitioner has challenged the order dated 28.12.2016 whereby the claim of the petitioner to keep him in the live roster has been rejected. Further prayer has been made to consider the case of the petitioner for grant of compassionate appointment. 3. The facts are admitted in this case. The mother of the petitioner was an employee of Central Coalfields Limited. She died in harness on 20.01.1997. The age of the petitioner at the time of death of his mother was 13 years 9 months 19 days. The petitioner prayed to get his name entered in the live roster. 4. As per the National Coal Wage Agreement, there is a provision to keep the name of minor in the live roster. If the name is kept in live roster, on attaining 18 years of age he is appointed on compassionate ground. 5. NCWA-5 was in vogue from 01.07.1991 to 30.06.1996 and NCWA-6 came to effect from 01.07.1996 and was valid till 30.06.2001. At the time of death of the mother of this petitioner NCWA- 6 was in vogue. Clause 9.5.0 of the National Coal Wage Agreement provides to give employment/monetary compensation to the female dependent. It is necessary to quote entire clause of NCWA 9.5.0: 9.5.0 Employment/monetary compensation to female dependent Provision of employment /monetary compensation to female dependents of workmen who die while in service and who are declared medically unfit as per clause 9.4.0. above would be regulated as under: (i) In case of death due to mines accident, the female dependent would have the option to either accept the monetary compensation of Rs.4000/- per month or employment irrespective of her age. (ii) In case of death /total permanent disablement due to cause other than mines accident and medical unfitness under clause 9.4.0. If the female dependent is below the age of 45 years she will have the option of either to accept the monetary compensation of Rs.3000/- per month or employment. In case the female dependent is above 45 years of age she will be entitled only to monetary compensation and not employment. If the female dependent is below the age of 45 years she will have the option of either to accept the monetary compensation of Rs.3000/- per month or employment. In case the female dependent is above 45 years of age she will be entitled only to monetary compensation and not employment. (iii) In case of death either in mines accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and male dependent of the concerned worker is 12 years and above in age, he will be kept in live roster and would be provided employment commensurate with his skill and qualifications when attains the age of 18 years, During the period the male dependent will be on live roster, female dependent will be paid monetary compensation of as per rate at para(i) & (ii) above. This will be effective from 1.1.2000. (iv) Monetary compensation wherever applicable, would be paid till the female dependent attains the age of 60 years. (v) the existing rate of monetary compensation will continue. The matter will be further discussed in the Standardisation Committee and finalised. 6. From perusal of the aforesaid provision, it is clear that clause-1 provides for grant of monetary compensation per month to the female dependent in case of death due to mines accident irrespective of the age. Clause-2 covers death or total permanent disablement other than the mines accident and also covers medical unfitness under clause-9.4.0. If the female dependent is below 45 years she will have the option either to accept monetary compensation of Rs.3,000/- per month or employment. If she is above 45 years she will be entitled to monetary compensation only. 7. The most important clause here is clause-3 which provides to keep a male dependent in live roster. The age of the dependent should be more than 12 years and after attaining 18 years, he will be provide compassionate appointment. The said clause is made effective w.e.f. 01.01.2000. Since the clause has been made effective from 01.01.2000 and the fact that the mother of the petitioner died on 20.01.1997, this clause to keep this petitioner in the live roster cannot be applied so far as this petitioner is concerned. Be it noted that the petitioner had applied for compassionate appointment on 07.02.1997 itself. Since the clause has been made effective from 01.01.2000 and the fact that the mother of the petitioner died on 20.01.1997, this clause to keep this petitioner in the live roster cannot be applied so far as this petitioner is concerned. Be it noted that the petitioner had applied for compassionate appointment on 07.02.1997 itself. Even if the date of application is taken to be the date for considering the claim of the petitioner, then also his age was 13 years 9 months and 19 days. But the fact remains that this clause was effective from 01.01.2000 i.e. after the application was made and after the death of the mother of this petitioner. 8. Exactly similar issue fell for consideration before the Division Bench of this Court in the case of “ Bachandeo Kumar v. Bharat Coking Coal Limited ” reported in 2006 (3) JCR 380 (Jhr). While deciding the issue, in paragraph no. 10, the Division Bench of this Court has held that the amendment in the rules i.e. NCWA to bring down the age from 15 years to 12 years was made effective from 01.01.2000. Be it noted that before 01.01.2000 minimum age was 15 years and not 12 years. 9. Further today we are in 2025 whereas the death had already occurred in 1997 nearly 27 years have elapsed and this petitioner has survived. Thus it cannot be said that as on date the petitioner is in need of any compassionate appointment due to lapse of 27 years. 10. Considering what has been held above, I find that no relief can be granted to the petitioner. 11. This writ petition is dismissed.