Dhaneshwari Devi & Anr vs Central Coalfields Ltd. & Others
2022 Latest Caselaw 1959 Jhar

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        W. P. (S) No. 1660 of 2020

         Dhaneshwari Devi & Anr.            ...  ...   Petitioners
                               Versus
         Central Coalfields Ltd. & Others ...  ...   Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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07/12.05.2022

1. Learned counsel for the parties are present.

2. Learned counsel for the petitioners submits that the Hon'ble Chhattisgarh High Court in W.P. (S) No. 4994/2015 has declared the provision of clause 9.3.3 of NCWA-VI, which has been made applicable to clause 9.4.0 of NCWA-IX, , violative and discriminatory to the extent it impliedly excludes married daughter from consideration as dependent of employee and the said provision has been as declared as void and inoperative to the aforesaid extent. The learned counsel submits that against aforesaid judgement Special Leave Petition being S.L.P. (Civil) 238/2020 before the Hon'ble Supreme Court has been dismissed. This is apparent from para-8 of the judgment passed by this Court in W.P. (S) No. 2147/2018 on 20.08.2020 which form a part of the rejoinder. The learned counsel submits that the sole ground on which the compassionate appointment of the petitioner No.-2 has been rejected is that she is the married daughter of the deceased employee.

3. The learned counsel submits that the present writ petition has been filed jointly by the wife of the deceased employee and his daughter. The learned counsel has also submitted that he has placed on record a number of judgments passed by this Court on the point and accordingly issue involved in the present case is squarely covered by the judgments passed by this Court. He also submits that the petitioner No.-2 was dependent on the deceased employee, though she was married.

4. The learned counsel for the respondents submits that although a counter-affidavit has been filed in the present case, but she needs to

seek further instruction in view of the aforesaid submissions made by the learned counsel for the petitioners. She submits that the matter may be posted after summer vacation.

5. Considering the submission made by the learned counsel for the respondents, the matter is adjourned and is directed to be posted on 06.06.2022.

6. Let this matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Mukul