Archana Kumari v. Chairman-Cum-Managing Director Of M/s. Eastern Coalfields Limited
2021-06-15
S.N.PATHAK
body2021
DigiLaw.ai
JUDGMENT : 1. Heard the parties. 2. Since the petitioners in both the cases have approached this Court with a common prayer for their compassionate appointment, claiming themselves to be the dependent of the deceased employee, Amit Kumar Sinha, hence, both the writ petitions are being heard together and disposed of by this common order. 3. Earlier Archana Kumari (petitioner in W.P.S. No. 3912 of 2020), had moved this Court by filing writ application being W.P.S. No. 6176 of 2019, with a prayer for a direction upon the respondent-ECL for her appointment on compassionate ground. The said writ application was disposed of vide order dated 25.06.2020, directing the petitioner to file a fresh representation before the respondents with all the credentials on which she is relying and upon receipt of such representation, the authority concerned was directed to consider the case of the petitioner in accordance with the rules, guidelines, scheme and the circulars of Coal India Ltd. and thereafter pass an appropriate order within a period of 12 weeks, after providing ample opportunity of hearing to the petitioner, Archana Kumari. Thereafter, the petitioner, Archana Kumari filed a fresh representation dated 14.07.2020 before the respondent No. 2 and upon receipt of said representation, the respondent No. 2 considered every aspects of the matter and finally passed a reasoned order dated 14.10.2020, wherein it has been observed that: "Upon a careful consideration of the submission and representation made by petitioner-Archana Kumari before the undersigned on dated 14.07.2020 is disposed of with observation that the claim for employment to the wife of the deceased is given the first priority and as per the fulfilment of other criteria and norms laid down in NCWA. It is reiterated that claim for compassionate employment can be processed only upon fulfilment of eligibility criteria and upon completion of all necessary formalities.” It was also mentioned that petitioner is being provided provisional employment subject to outcome of Civil Suit No. 299 of 2019 filed by her sister-in-law, Nidhi Sinha (petitioner in W.P.S. No. 2709/2020). 4. One Nidhi Sinha, who happens to be the sister-in-law of the petitioner, Archana Kumari, has also approached this Court by filing writ application being W.P.S. No. 2709 of 2020, praying therein for her compassionate appointment, claiming herself to be the dependent of deceased employee. 5.
4. One Nidhi Sinha, who happens to be the sister-in-law of the petitioner, Archana Kumari, has also approached this Court by filing writ application being W.P.S. No. 2709 of 2020, praying therein for her compassionate appointment, claiming herself to be the dependent of deceased employee. 5. However, the respondent-ECL on being satisfied and upon perusal of the several documents came to the conclusion that petitioner-Archana Kumari is the dependent and legal heir of the deceased employee and accordingly decided to offer appointment letter in her favour and not Nidhi Sinha, who does not come within the definition of dependent as per provisions of NCWA. However, since letter of appointment has not been offered to either of the petitioners, they have knocked the door of this Court for redressal of their grievances. 6. Mr. Birendra Kumar, learned counsel appearing for the petitioner-Archana Kumari (in W.P.S. No. 3912 of 2020) submits that though, the present petitioner is the dependent of the deceased employee as per the provisions of NCWA but she was not issued letter of appointment on the ground of non-issuance of 'No Objection Certificate' by her mother-in-law. Learned counsel further argues that to delay the appointment process, sister-in-law (Nidhi Sinha) of the petitioner has also filed Civil Suit but the learned Court below has not granted any injunction being conscious of the fact that she is not the dependent of the deceased employee as per the provisions of NCWA. Learned counsel further argues that petitioner fulfills all the requisite qualifications as per the provisions of NCWA and she being legally wedded wife of the deceased employee is entitled for compassionate appointment. Learned counsel further argues that the respondent-ECL itself has considered petitioner-Archana Kumari to be the legal heir of deceased employee and it was decided to issue provisional letter of appointment but till date the same has also not been issued to her and as such, a direction be given to the respondents to come-out with letter of appointment in favour of the present petitioner-Archana Kumari. 7. Mr.
7. Mr. Shashi Kant Mishra, learned counsel appearing for the petitioner in W.P.S. No. 2709 of 2020 submits that the respondents cannot deny appointment to the petitioner-Nidhi Sinha (sister of the deceased employee), as she is the only representative of the family after death of her brother, who was the sole bread earner of her family and further the petitioner is ready to take care of whole family. Learned counsel further argues that the respondents are sitting tight over the representation dated 18.11.2019 filed by the present petitioner, though the whole family members of the deceased employee is at the verge of starvation and they have no other source of income. 8. Per contra, counter-affidavit has been filed. Mr. Rajesh Lala, learned counsel appearing for the respondent-ECL very fairly submits that petitioner-Archana Kumari is entitled for compassionate appointment as she is the legally wedded wife of the deceased employee and comes within the definition of dependent as per the norms of the NCWA. Learned counsel further argues that admittedly, the petitioner in W.P.S. No. 2709 of 2020 (Nidhi Sinha) has also filed a civil suit but the learned Court below has not granted any injunction in the said case and as such, the writ petition filed by petitioner-Nidhi Sinha being devoid of any merits, is fit to be dismissed out rightly and Archana Kumari, petitioner in W.P.S. No. 3912 of 2020, is fully entitled for employment on compassionate ground. 9. Be that as it may, having gone through the rival submissions of the parties and upon perusal of the documents brought on record, this Court is of the considered view that the reasons for not issuing the appointment letter to Archana Kumari, petitioner in W.P.S. No. 3912 of 2020, is not sustainable in the eyes of law. The requirement of furnishing 'No Objection Certificate' cannot be allowed to become a delay tactics in the hands of the persons, who have certain grudge against the claimant/ petitioner. Hence, the petitioner-Archana Kumari is entitled for compassionate appointment as per rules, guidelines, scheme and the circulars of Coal India Ltd. 10.
The requirement of furnishing 'No Objection Certificate' cannot be allowed to become a delay tactics in the hands of the persons, who have certain grudge against the claimant/ petitioner. Hence, the petitioner-Archana Kumari is entitled for compassionate appointment as per rules, guidelines, scheme and the circulars of Coal India Ltd. 10. Accordingly, I hereby direct the respondent-ECL to issue letter of appointment to Archana Kumari, petitioner in W.P.S. No. 3912 of 2020, within a period of 15 days from the date of receipt/ production of a copy of this order and appoint her to the post on which she deserves to be appointed as per her qualifications and as per the provisions of NCWA. 11. Resultantly, W.P.S. No. 3912 of 2020, filed by petitioner-Archana Kumari stands allowed and W.P.S. No. 2709 of 2020 filed by petitioner-Nidhi Sinha is hereby dismissed. 12. No order as to cost.