Budhni Devi @ Reshmi Devi & Anr vs The Central Coalfields Ltd.
2021 Latest Caselaw 2154 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                                 W.P.(S). No. 7116 of 2019
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Budhni Devi @ Reshmi Devi & Anr. ......... Petitioners Versus The Central Coalfields Ltd., Ranchi through its Chairman-cum-M.D. & Ors. .......... Respondents.

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                   CORAM:            THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                                        (Through: Video Conferencing)
                   For the Petitioner            :      Mr. Prem Pujari Roy, Advocate
                   For the CCL                   :      Mr. Rajesh Lala, Advocate
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 05/ 01.07.2021             Heard the parties.

It is the specific case of the petitioner that only because she is a female dependent, respondents have denied compassionate appointment, which amounts to gender discrimination.

Learned counsel submits that in plethora of judgments, this Court taking into account the provisions of Clause 9.3.0 of NCWA has held that dependents of deceased employees irrespective of their sex are entitled for compassionate appointment.

Learned counsel further argues that the reasons assigned in the writ application is not tenable in the eyes of law and as such, fit to be quashed and set aside.

On the other hand, Mr. Rajesh Lala, learned counsel representing the respondent-CCL vehemently opposes the contention of the learned counsel for the petitioner and submits that the deceased employee was on temporary roll of CCL as he was under apprenticeship training period and his services were not regularized.

Finding strength from the order dated 02.07.2019 passed by the Division Bench of this Court in L.P.A. No. 506 of 2017, Mr. Lala argues that deceased employee was only getting stipend and by no stretch of imagination he could be treated as permanent employee of the Company and as such, the petitioner is not entitled for any compassionate appointment.

Let this case be listed after two weeks, i.e. on 26.07.2021, under the heading "For Admission".

In the meantime, parties may file fresh affidavits, if they so wishes.

(Dr. S.N. Pathak, J.) Kunal/-