The Chairman Cum Managing ... vs Smt. Premshila Devi
2022 Latest Caselaw 16569 MP

                                                        1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE SHEEL NAGU
                                                       &
                                      HON'BLE SHRI JUSTICE VIRENDER SINGH
                                           ON THE 14 th OF DECEMBER, 2022
                                             WRIT APPEAL No. 927 of 2022

                           BETWEEN:-
                           1.    THE CHAIRMAN CUM MANAGING DIRECTOR
                                 NORTHERN COALFIELDS LIMITED DISTRICT-
                                 SINGRAULI, M.P. (MADHYA PRADESH)

                           2.    CHIEF GENERAL MANAGER,        DUDHICHUA
                                 NORTHERN COALFIELDS LIMITED, SINGRAULI
                                 DISTRICT SINGRAULI (MADHYA PRADESH)

                           3.    THE   PERSONNEL    MANAGER    NORTHERN
                                 COALFIELDS   LIMITED DUDHICHUA PROJECT
                                 SINGRAULI, DISTRICT SINGRAULI (MADHYA
                                 PRADESH)

                           4.    ASSISTANT      MANAGER      PERSONNEL
                                 DEPARTMENT NORTHERN COALFIELDS LIMITED
                                 DUDHICHUA PROJECT SINGRAULI, DISTRICT
                                 SINGRAULI (MADHYA PRADESH)

                           5.    STAFF   OFFICER   (KARMIK)   NORTHERN
                                 COALFIELDS LIMITED DUDHICHUA AREA POST
                                 KHADIA,  DISTRICT   SONBHADRA   (UTTAR
                                 PRADESH)

                                                                              .....APPELLANT
                           (BY SHRI GREESHM JAIN-ADVOCATE)

                           AND
                           1.    SMT. PREMSHILA DEVI W/O LATE LALJI PRASAD,
                                 AGED ABOUT 54 YEARS, OCCUPATION: HOUSE
                                 WIFE QTR MQ 50, SECTOR-A, DUDHICHUA P.S.
                                 VIDHYANAGAR       TEHSIL  AND    DISTRICT-
                                 SINGRAULI, M.P. (MADHYA PRADESH)

                           2.    MS. SEEMA D/O LATE LALJI PRASAD W/O
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 12/16/2022
5:08:19 PM
                                                         2
                                 RAJKUMAR, AGED ABOUT 30 YEARS, R/O QTR.
                                 NO. MQ-50, SECTOR-A, DUDHICHUA POLICE
                                 STATION    VINDHYANAGAR,    TASHIL  AND
                                 DISTRICT SINGRAULI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (NONE)

                                 This appeal coming on for admission. this day, JUSTICE SHEEL
                           NAGU passed the following:
                                                               ORDER

The learned Single Judge has allowed the writ petition in question by which challenge was made to the rejection of an application for compassionate appointment made by the widow of the employee, who died in harness on 26.04.2021, seeking compassionate appointment for the daughter of the

deceased/employee.

Learned Single Judge relied upon the Full Bench decision of this Court in the Case of Meenakshi Dubey V/s M.P. Poorva Kshetra Vidyut Vitran Company Limited and others in W.A. No. 756/2019 reported in (2020) 1 MPLJ 657, the relevant extract of which is reproduced below-

This recent judgment in Babita Puniya(Supra) is a very important step to ensure “Gender Justiceâ€Â. In view of catena of judgments referred hereinabove, it can be safely concluded that Clause 2.2 to the extent it deprives married woman from right of consideration for compassionate appointment violates equality clause and cannot be countenanced. By introducing Clause 2.4, the Government partially recognised the right of consideration of married daughter but such consideration was confined to such daughters Signature Not Verified Signed by: ROSHNI SINGH Signing time: 12/16/2022 5:08:19 PM

who have no brothers. Clause 2.2, as noticed, gives option to the living spouse of deceased government servant to nominate son or unmarried daughter. There is no condition imposed while considering a son relating to marital status. Adjective/condition of “unmarried†is affixed for the daughter.

This condition is without there being any justification and; therefore, arbitrary and discriminatory in nature.

21. Looking from any angle, it is crystal clear that clause 2.2 which deprives the married daughter from right of consideration cannot sustain judicial scrutiny. Thus, for different reasons, we are inclined to hold that Indore Bench has rightly interfered with Clause 2.2 of the said policy in the case of Smt. Meenakshi(Supra).

22. In nutshell, broadly, we are in agreement with the conclusion drawn by Indore Bench in Smt. Meenakshi(Supra) and deem it proper to answer the reference as under:

“Clause 2.2 of the policy dated 29.09.2014 is violative of Articles 14, 15, 16 and 39(a) of the

Constitution of India to the extent it deprives the married daughter from right of consideration for compassionate appointment. We find no reason to declare Clause 2.4 of the policy as ultra vires. To this extent, we overrule the judgment of Indore Bench in the case of

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 12/16/2022 5:08:19 PM

Meenakshi(Supra)â€Â​

It is not disputed at the Bar that the said Full Bench decision has attained finality.

In view of the above, this Court finds no reason to interfere with the well reasoned order of the learned Single Judge which is accordingly upheld.

Writ Appeal stands dismissed.

                               (SHEEL NAGU)                                            (VIRENDER SINGH)
                                  JUDGE                                                     JUDGE
                           R




Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 12/16/2022
5:08:19 PM