Kosmi Devi Bhuia vs Coal India Limited & Ors
2023 Latest Caselaw 1754 Cal

    103                    IN THE HIGH COURT AT CALCUTTA
16.03.2023                CONSTITUTIONAL WRIT JURISDICTION
 (sanjay)
   Ct 25                          APPELLATE SIDE

                                    WPA 22090 of 2022

                                  Kosmi Devi Bhuia
                                           Vs.
                               Coal India Limited & Ors.

                          Mr. Gobinda Kar            .... for the petitioner.

                          Mr. Manik Das                    ...for the ECL.


                   Mr. Kar, learned counsel appearing on behalf of the

             petitioner   submits    that   the   petitioner's   prayer   for

             compassionate    appointment         though   initially   being

             processed by the respondent Eastern Coalfields Limited

(in short, ECL), later she prayed for appointment of her

son on compassionate grounds as there was no response

to her prayer for appointment.

This Court finds that the son of the petitioner was a

minor on the date of death of her husband even though

on the date of application for compassionate appointment

her son reached majority. However, her son was more

than 12 years on the date of death of her husband. As per

NCWA a male dependant can be placed on live roster if he

attains the age of 12 years on the date of death of the

deceased employee.

It is well settled principle of law that the applicable

policy on the date of death has to be considered while

considering the prayer for compassionate appointment.

Mr. Das, learned counsel appearing on behalf of the

ECL submits that the petitioner is not entitled to Monthly

Monetary Cash Compensation (in short, "MMCC") in place

and stead of compassionate appointment. He submits

that since the petitioner has initially prayed for

compassionate appointment and later gave up such right

in favour of her son she cannot now claim "MMCC".

He further submits that it is only female dependant

of deceased employee who can claim "MMCC" or pray for

compassionate appointment. The petitioner initially

prayed for compassionate appointment which disentitled

her to payment of "MMCC". Her prayer was not

considered due to non-submission of the documents.

Furthermore, no application for "MMCC" was made. She

gave up her right for compassionate appointment in

favour of her son. Since prayer for compassionate

appointment her son could not be considered as it was a

belated prayer and non-submission of application for

"MMCC" has disentitled the petitioner from getting

"MMCC".

This Court relying upon a judgment passed by the

Hon'ble Division Bench of this Court in the case of

Eastern Coalfields Limited -Vs.- Smt. Dulali Majhian

@ Majhan & Ors. (MAT 1007 of 2022) cannot accept

such submissions of Mr. Das. When the prayer for

compassionate appointment of the petitioner was rejected

she was entitled to payment of "MMCC" from the date of

death of her husband. Such claim for "MMCC" also was

not dependent on making of any application by the

petitioner. It was her entitlement. The ECL chose to

remain silent on her prayer for compassionate

appointment for years together. This led to the distinct

impression of deemed rejection on the part of the ECL.

Even though in this writ petition prayer has been

made for compassionate appointment of the petitioner's

son, this Court can mould the prayers for ends of justice.

Mr. Kar, learned counsel for the petitioner is

directed to take instructions whether the petitioner is

willing to accept MMCC that in lieu of compassionate

appointment being granted to her son.

Let this matter appear for further consideration on

April 03, 2023 under the heading "Motion".

All parties shall act on the server copies of this

order duly downloaded from the official website of this

Hon'ble Court.

(Lapita Banerji, J.)