Jharkhand High Court
Budhni Devi @ Reshmi Devi & Anr vs The Central Coalfields Ltd. & Ors on 26 July, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 7116 of 2019
Budhni Devi @ Reshmi Devi & Anr. ... Petitioners
Vs.
The Central Coalfields Ltd. & Ors. ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
(Through: Video Conferencing)
For the Petitioners : Mr. P. Pujari Roy, Advocate
For the Respondents : Mr. Rajesh Lala, Advocate
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06/ 26.07.2021 Learned counsel for the petitioner submits that the respondents have
rejected the case of the petitioners on the ground that the sisters cannot be be treated
as dependent family member for the purpose of compassionate employment under
Para 9.3.0 of NCWA. He places heavy reliance on plethora of judgments of this Court
and submits that gender cannot come in the way of compassionate appointment, the
respondents ought to have considered the appointment of the petitioners in view of
Clause 9.3.0 of NCWA. He further submits that the respondents have come out with a
different plea in the counter-affidavit stating therein that the brother of the petitioners
was not a permanent employee of Central Coalfields Ltd. and as such, case of the
sister-petitioners cannot be considered for compassionate appointment. He further
submits that the said statement is not tenable in the eyes of law in view of law laid
down by the Hon'ble Apex Court in case of Commissioner of Police, Bombay Vs.
Gordhandas Bhanji, reported in AIR 1952 SC 16 and also in case of Mohinder Singh
Gill Vs. Chief Election Commissioner, reported in (1978) 1 SCC 405.
Learned counsel for the petitioner draws the attention of the Court
towards order dated 09.01.2014 passed in W.P.(S) No.1031 of 2013 in which similar
issue fell for consideration before this Hon'ble Court as whether legal heirs of the
casual worker can be considered for compassionate appointment or not and this Court
after hearing learned counsel for the parties, allowed the said writ petition and a
direction was given to the respondents for consideration for appointment on
compassionate ground and the order was fully complied with and the same was not
challenged before the Hon'ble Division Bench by the respondents and as such, same
attained finality.
On the other hand, Mr. Rajesh Lala, learned counsel for the
respondent-CCL draws the attention of the Court towards order passed by Hon'ble
Division Bench of this Court in case of Central Coalfields Ltd. Vs. Piyashi Devi in
LPA No.506 of 2017 and also in case of Central Coalfields Ltd. Vs. Rajan & Ors. in
LPA No.393 of 2017 and submits that the Hon'ble Division Bench of this Court has
held that legal heirs of employees working as apprentice, trainee and probationer are
not entitled for compassionate appointment. However, he seeks sometime to seek
instruction from the respondents in the matter.
Prayer is allowed.
Put up this case on 09.08.2021 under the heading 'For Final Disposal'.
(Dr. S.N. Pathak, J.)
punit/-
