Sunita vs Secl
2022 Latest Caselaw 4280 Chatt

                                                                                                     1




                                                                                           NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                       WPS No. 5503 of 2019

      Sunita D/o Late Dharampal Aged About 24 Years R/o 64 No Dafai,
       Koriya, Coaliery, P.S.- Chirmiri, District- Koriya, Chhattisgarh, District :
       Koriya (Baikunthpur), Chhattisgarh                       ---- Petitioner
                                              Versus
    1. Secl Through Its Chairman Cum Managing Director
       Headquarter At Seepat Raod, Bilaspur, District- Bilaspur,
       Chhattisgarh, District : Bilaspur, Chhattisgarh
    2. Director ( Personnel) Secl Headquarter At Seepat Road,
       Bilaspur, District- Bilaspur, Chhattisgarh, District : Bilaspur,
       Chhattisgarh
    3. Chief General Manager, Secl Chirmiri Area, Chirmiri, District-
       Koriya, Chhattisgarh, District : Koriya (Baikunthpur),
       Chhattisgarh
    4. Sub Area Manager, Secl, North Chirmiri-Domanhill Samooh,
       P.O.- Sonawani, District- Koriya, Chhattisgarh, District : Koriya
       (Baikunthpur), Chhattisgarh                ---- Respondents
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For petitioner : Mr. Jai Prakash Shukla, Advocatee For respondents : Mr. K.K. Shrivastava, Advocate

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HON'BLE SHRI JUSTICE NARENDRA KUMAR VYAS

Order on Baord 7-7-2022.

1. The petitioner has preferred this writ petition under Article 226 of

the Constitution of India, challenging the legality, validity and

propriety of the order dated 24-06-2009 (Annexure P-1) passed by

the respondents, whereby the claim of the petitioner for

compassionate appointment has been rejected.

2. The brief facts as reflected from the record are that the father of the

petitioner namely late Dharmpal was an employee of South Eastern

Coal Ltd. for short (SECL) working as CHP Labour in Koriya

Coaliery and died in harness on 09-04-2011. Thereafter the

petitioner, who is the daughter of the deceased employee applied

for compassionate appointment. The said application was rejected

vide order dated 2-08-2013 on the count that the name of the

petitioner in the service book of her late father was not recorded.

After rejection of claim of petitioner, she and her mother have

moved an application for compassionate appointment raising all

their grievances and they have also filed Civil Suit No. 2A/2016

before the competent court and the family Court Baikunthpur, vide

Order dated 23-02-2016 declared the petitioner as lawful daughter/

dependent/successor of late Dharmpal and his wife. Soon after

getting the decree of dependency from the concerned Trial Court

the petitioner again applied for compassionate appointment before

the SECL authorities. The said application has been rejected vide

order dated 24-06-2019 by recording a finding which is extracted as

under.

vkids }kjk firk Lo0 /kjeiky vk0 f'kockyd ds e`R;ksijkar vuqdaik fu;qfDr ds rgr jkstxkj iznku fd, tkus laca/kh tek fd;s x;s nLrkost fnukad 03- 06-2019 dks izkIr gqvk ftldk voyksdu ,oa foLr`r takp ds ckn ik;k x;k fd vkids firk dh e`R;q 09- 04-2011 dks gks x;h Fkh rFkk rRdkfyd jkf"V~; dks;yk osru le>kSrk ds rgr Lo0 /kjeiky dh iRuh Jhefr tksxsfl;k ckbZ ds }kjk vuqdaik fu;[email protected] eqvkotk gsrq vkosnu ugha fd;k x;k Fkk vkSj uk gh vkfJr ukckfyd iq= dk uke jksLVj esa Mkyk x;k gSA vkidks fofnr gks fd dk;kZy; esa miyC/k nLrkostksa esa vkidk uke vkfJr lnL; ds :i esa ntZ ugh gsA jkf"V~; dks;yk osru le>kSrk ds rgr deZpkjh dh e`R;q gks tkus ij vkfJr vuqdaik fu;qfDr ds laca/k esa fuEukuqlkj fu;e gS( lanfHkZr i= dzekad '"9.3.0, 9.4.0 & 9.5.0: Provision of employment/payment of monthly monetary compensation to dependent

"(iv) The monetary compensation payable to the female dependent in case of death either in mine accident or for other reasons or medical unfitness of the employee shall be @ Rs. 60000/- with effect from 01.05.2008." "(v) In case of death either in mine accident or due to other reasons or medical unfitness, if no employment has been offered and the male dependent of the concerned worker is 12 years & above in age, he will be kept on live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period of the male dependent is on live roster, the female dependent will be paid monetary compensation as given in (iv) above."

3. The aforesaid order has been assailed by the petitioner before this

Court. Respondents/ SECL have filed their return contending that

since the petitioner is a female dependent, therefore, she cannot

claim compassionate appointment but, as per their policy she is

entitled to get Rs. 6000/- per month. It has also been stated in the

return that there is no law on the subject to grant compassionate

appointment but she does not appear as dependent of late

Dharmpal, therefore, they would pray for rejection of the application

of the petitioner. It has also been stated that monetary

compassionate appointment which has been approved by the

management/ respondent is in accordance with National Coal

Wage Agreement-VI and there is no perversity or illegality in the

Order warranting any interference. Accordingly, they would pray for

the rejection of the petition.

4. The issue whether the daughter is dependent or not, has come up

for consideration before the Hon'ble Division Bench of this Court in

WPS No. 4712 of 2018 (Mamni Pradhan Vs SECL and Others)

decided on 25-01-2022 and the Division Bench has examined

Clause 9.5.0 (iii) of NCWA-VI which reads as under.

"8. Clause 9.5.0 (iii) of NCWA-VI reads as under:

"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 mine 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 mine accident and medical unfitness under Clauses 9.4.0, if the female dependent is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 3000/- per month or employment.

(iii) In case of death either in mine accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and the male dependent of the concerned worker is 12 years and above in age, he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependent is on live roster, the female dependent will be paid monetary compensation as per rates at paras (I) &

(ii) above. This will be effective from 1.1.2000."

5. Further, Hon'ble the Division Bench in the aforesaid case has

observed in para 22, 23, 25 and 27 which read as under.

"22. In Coal India Ltd. & Others vs. Mis.

Hemshikha Mallk (WA No.562 of 2015 decided on 9-12-2016), the respondent No.1 and respondent No. 5 were two of the appellants. Challenge in that appeal was to the judgment of the learned Single Judge wherein clause 9.3.3 of the National Coal Wage

Agreement providing for compassionate appointment had fallen for consideration. Under the aforesaid clause, appointment could be given to the spouse, unmarried daughter, son and legally adopted son. The learned Single Judge had come to the conclusion that the differentiation between the legally adopted so and legally adopted daughter has been made only on the ground of gender and therefore, is hit by Article 14 of the Constitution of India. The learned Single Judge held that the adopted daughter would be entitled to claim compassionate appointment under the scheme. The Division Bench concurred with the judgment of the learned Single Judge and held that clause which limits compassionate appointment to be given only to legally adopted male child is violative of Articles 14 and 16 of the Constitution of India and had, accordingly, dismissed the appeal filed by the Coal India Ltd.

"23. In Chhattisgarh State Electricity Holding Company & Another V. Chandrani Sinha (WA No. 525 of 2016, decided on 21.11.2016), a Division Bench of this Court held that there was no reason as to why a married daughter should be denied the benefit of compassionate appointment. It is relevant to state that under the scheme of compassionate appointment, married daughter was not considered eligible for being considered for appointment.

"25. In view of the above discussion, it is provided that clause 9.5.0 (iii) of the NCWA-VI shall be read in a manner to also include a female dependent who is 12 years of age and above for keeping the same in a live roster till she attains the age of 18 years when her case would be considered for compassionate appointment commensurate with her skill and qualifications.

"27. In the instant case, though the name of the petitioner was not kept in the live roster, we are of the considered opinion that interest of justice would be sub-served if a direction is issued to the respondents to consider the case of the petitioner for grant of compassionate appointment commensurate with her skill and qualification within a period of two months from the date of receipt of a certified copy of the order. Ordered accordingly".

6. Considering all the facts and circumstances of the case and in the

light of law laid down by the Hon'ble Division Bench in Mamnee

Pradhan (supra), the writ petition is allowed. The order dated 24-

06-2019 (Annexure P-1) passed by the respondent authorities is

quashed. SECL is directed to keep the name of the petitioner in live

roster and it is also directed that the respondent authorities should

consider the case of the petitioner for grant of compassionate

appointment in accordance with skill and qualification which the

petitioner is having, within the period of two months from the date

of receipt of copy of this order.

Sd/-

(Narendra Kumar Vyas) Judge Raju