Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 1397 (JHR)

Kiran Kumari D/o Late Bajo Ram v. Bharat Coking Coal Ltd.

2019-08-06

S.N.PATHAK

body2019
JUDGMENT : S.N. PATHAK, J. 1. Heard learned counsel for the parties. 2. Petitioner has approached this Court challenging the order of rejection dated 12.08.2016, passed by Project Officer, Simlabahal Colliery of M/s. Bharat Coking Coal Limited, Dhanbad and for a direction for consideration of her case for appointment on compassionate grounds. 3. From perusal of records, it appears that petitioner had earlier moved this Court vide W.P. (S) No. 3426 of 2015 challenging the order dated 17.07.2015 by which she was asked to obtain Succession Certificate from a competent Court to facilitate granting her compassionate appointment. This Court, vide order dated 12.05.2016, had held that succession certificate is not the requirement for proving genuineness of the petitioner and writ petition was allowed. Though petitioner preferred representation before the respondents authorities for consideration of her case for appointment on compassionate grounds, the same stood rejected vide order dated 12.08.2016 on the ground that petitioner is not dependent daughter of the deceased employee as she was already married during the life time of the deceased-employee Late Bajo Ram and as such in view of provisions of NCWA, petitioner is not entitled to claim employment on compassionate grounds. Being aggrieved, petitioner has been constrained to knock door of this Court. 4. Mr. Atul Roy, JC to Mr. Anoop Kumar Mehta, appearing for Bharat Coking Coal Limited submits that admittedly petitioner is the married daughter of deceased-employee Late Bajo Ram and in view of clear provisions of NCWA, she is not entitled to claim employment and as such her claim has rightly been rejected. There is no illegality or any infirmity in the order of rejection. 5. Be that as it may, it is undisputed that workman namely Bajo Ram was an employee of BCCL who died in harness on 06.02.2013. Petitioner claims to be sole unmarried daughter, who has filed an application for grant of appointment on compassionate grounds. NCWA provides for grant of compassionate appointment to the unmarried daughter. The dispute regarding marriage of the petitioner came in way for appointment on compassionate grounds. The matter was duly inquired into by the Block Development Officer and a family certificate dated 17.09.2013 was issued certifying that she is the only daughter of Bajo Ram and is not married. The father of the petitioner died in harness on 06.02.2013 i.e. before issuance of the certificate. The matter was duly inquired into by the Block Development Officer and a family certificate dated 17.09.2013 was issued certifying that she is the only daughter of Bajo Ram and is not married. The father of the petitioner died in harness on 06.02.2013 i.e. before issuance of the certificate. Claim of the petitioner has been rejected on the sole ground that she is the married daughter. The best person to certify marital status of the petitioner would be her father, who has already died. Now the dispute coming in the way of compassionate appointment is the marital status of the petitioner. Assuming petitioner is the married daughter (though it is claimed that she is unmarried), even then her case should have been considered by the authorities. The provisions of NCWA regarding non-consideration of case of the daughters on the ground of marriage, has been declared to be ultra-vires and in complete violation of provisions of Article 14 of the Constitution of India. 6. The issue fell for consideration before the Full Bench of Hon’ble Calcutta High Court in the case of State of West Bengal vs. Purnima Devi and Others. The Hon’ble Court, vide its order and Judgment dated 14.09.2017, has clearly held that exclusion of daughters solely on the basis of marital status, would not be reasonable. Clause 9.3.3 has to be considered to include married dependent daughter also. The Division Bench of this Court in the case of CCL vs. Hemanti Devi and Others [L.P.A. No. 196 of 2017] reported in 2018 SCC Online Jhar 918 has reiterated the same view. 7. In view of legal proposition, judicial pronouncements as well as facts and circumstances of the case, the impugned order dated 12.08.2016 is held to be not at all tenable in the eyes of law and hence the same is quashed and set aside. The sole ground of rejection of case of the petitioner for appointment on compassionate ground is marital status, which is not at all tenable in the eyes of law. In the circumstances, I, hereby direct the respondents authorities to consider case of the petitioner for her appointment on compassionate ground within a period of eight weeks from the date of receipt/ production of a copy of this order. It is open for the petitioner to prove that she was solely dependent on her deceased-father. 8. In the circumstances, I, hereby direct the respondents authorities to consider case of the petitioner for her appointment on compassionate ground within a period of eight weeks from the date of receipt/ production of a copy of this order. It is open for the petitioner to prove that she was solely dependent on her deceased-father. 8. With the aforesaid observations and direction, this writ petition stands disposed of.