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2016 DIGILAW 520 (JHR)

Sahjadi Khatoon D/o Late Md. Hafiz v. Central Coalfields Limited through its Chairman-cum-Managing Director

2016-03-28

RONGON MUKHOPADHYAY

body2016
ORDER : Rongon Mukhopadhyay, J. In this application the petitioner has prayed for quashing the letter dated 21.06.2011 by which the claim of the petitioner for compassionate appointment had been rejected. 2. The father of the petitioner namely Md. Hafiz was an employee of Central Coalfields Limited working as a Welder in Saunda ‘D’ colliery and in course of his employment he had died on 07.03.2009. The son of deceased-employee namely Md. Salim had filed an application for compassionate appointment on 13.03.2009 but the applicant also died on 07.05.2009. The petitioner being a divorcee lady and the daughter of the deceased-employee and since the mother of the petitioner was wholly dependent on her as such she had filed an application for grant of compassionate appointment. Since no action was being taken by the respondents, a writ application was filed being W.P(S) No. 977 of 2011 which was, however, dismissed as withdrawn. Subsequently, the mother of the petitioner filed another writ application being W.P.(S) No. 294 of 2013 which was also withdrawn. In the meantime, the respondents had intimated the mother of the petitioner for claiming monetary compensation. The claim of the petitioner was rejected vide letter dated 21.06.2011 on the ground that there is no provision for giving employment to the divorcee daughter of the deceased-employee and which is under challenge in the present writ application. 3. Heard Mr. Nand Kishore Pd. Sinha, learned counsel appearing for the petitioner and Mr. Ananda Sen, learned counsel for the respondents. 4. It has been submitted by the learned counsel for the petitioner that the petitioner is entitled to be granted compassionate appointment in view of the fact that the mother of the petitioner is wholly dependent upon her. It has also been submitted that there is no one in the family to look after the wife of the deceased-employee save and except the petitioner as such instead of monetary compensation, the petitioner is entitled to be provided with compassionate appointment. 5. Mr. Ananda Sen, learned counsel for the respondents, has submitted that since there is no provision in the National Coal Wages Agreement (N.C.W.A.) to provide compassionate appointment to a divorcee daughter of the deceased-employee as such the management had rightly rejected the claim of the petitioner. 6. It appears that this is the third attempt made on behalf of the petitioner and her mother claiming compassionate appointment. 6. It appears that this is the third attempt made on behalf of the petitioner and her mother claiming compassionate appointment. On the earlier occasions the writ applications were withdrawn. The only ground which has been pressed by the learned counsel for the petitioner is that the mother of the petitioner is fully dependent upon her and, therefore, she be provided with compassionate appointment. The extract of the National Coal Wages Agreement (N.C.W.A.) which has been brought on record and from which it appears that in terms of Para 9.3.3 the dependent for the purpose of seeking appointment for an employee who dies in harness does not include divorced daughter of deceased-employee. Para 9.3.3 is quoted herein under:- “9.3.3 the dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependant on the earnings of the deceased may be considered to be the dependant of the deceased.” 7. Since the petitioner does not come within the purview of the definition of a dependent she cannot claim compassionate appointment and in such circumstances, when the eligibility of the petitioner itself is barred in view of such provision the question of the mother of the petitioner being dependent on her does not bear much significance. In such circumstances, therefore, the respondents were perfectly justified in rejecting the claim of the petitioner in absence of any provision to that effect and, therefore, this writ application being devoid of any merit is, hereby, dismissed.