JUDGMENT Shree Chandrashekhar, J. – The petitioner, claiming a legal right to seek compassionate appointment after her husband was declared medically unfit on 15.01.2013, has approached this Court. 2. Petitioner''s husband was appointed as Sweeper in the year, 1979 (date not specified and in the counter-affidavit this is not challenged by the respondents) at B.K. Karo Colliery, Bokaro. When he refused to maintain the petitioner and his two daughters namely, Sumitra Kumari and Puja Kumari born from the wedlock with the petitioner, a case under section 125 of the Code of Criminal Procedure was filed vide M.P. Case No.75 of 1990. By an order dated 07.09.1991 her husband was directed to pay maintenance to the petitioner and her two daughters. This order was challenged and the maintenance was enhanced to Rs.2,000/- per month. After her husband was declared medically unfit, the petitioner submitted an application on 27.05.2013 seeking compassionate appointment as provided under the National Coal Wage Agreement. It appears that one Suraj Deo Dom @ Surajdeo Kumar Rai who was born from 2nd marriage of the employee has also submitted an application for compassionate appointment. In view of this dispute, the respondents did not take a decision in the matter. 3. Contending that the petitioner would have first right to claim compassionate appointment, Mr. Pratyush Kumar, the learned counsel for the petitioner submits that merely because the children born from the 2nd wedlock are entitled to claim share in the property, they cannot stake a claim for compassionate appointment as a matter of right. 4. The records produced by the employer-M/s CCL would disclose that in Form-''A'' and Form-''F'' which are the nomination forms for payment of gratuity, the petitioner and her daughters were made nominees. However, when the petitioner''s husband was declared medically unfit he nominated respondent no.6 for compassionate appointment. Clause 9.4.3 of N.C.W.A. provides for employment to one dependant of a worker who is permanently disabled. 5. The National Coal Wage Agreement is an outcome of a settlement between the Central Government, Coal companies and the Trade Unions and it has attained statutory force "Mohan Mahto Vs. M/s Central Coal Field Ltd. & Ors." , (2007) 8 SCC 549 . The National Coal Wage Agreement also provides for monetary compensation in lieu of employment to the female dependant of an employee; on death or permanent disablement. M/s Central Coal Field Ltd. & Ors." , (2007) 8 SCC 549 . The National Coal Wage Agreement also provides for monetary compensation in lieu of employment to the female dependant of an employee; on death or permanent disablement. The aforesaid provisions under the N.C.W.A. extending benefits to the dependants of an ex-employee are akin to the post-retiral benefits payable to an employee. During his life-time it would be the absolute discretion of an employee to distribute his/her post-retiral benefits amongst his/her dependants. These benefits are different from the family pension inasmuch as family pension cannot be gifted/bequeathed by an employee, for it is not earned by an employee. 6. In view of the fact that the respondent no.6 has been nominated by the employee-Sukhdeo Dom when he was retired from service on the ground of his medical unfitness, claim for compassionate appointment by the respondent no.6 shall be considered by the respondent-M/s CCL. 7. In the above facts, finding no merit in the writ petition, it is dismissed.