JUDGMENT :

(Lapita Banerji, J.) :

1. This intra court appeal is directed against a judgment and order dated April 18, 2022 passed by an Hon’ble Single Judge in WPA No. 15187 of 2021(Impugned Order).

2. By the Impugned Order the appellant/ECL (Eastern Coalfield Limited) was directed to pay monthly monetary cash compensation (in short, “MMCC”) with effect from, April 22, 2002 to the writ petitioner. The writ petitioner’s husband was an employee of ECL who died-in-harness on April 21, 2002.

3. Initially the writ petitioner/respondent applied for compassionate appointment in favour of her brother-in-law (husband’s brother). However, the said application was not approved of.

4. The writ petitioner/respondent made an application for her own employment on September 22, 2011 under the provisions of National Coal Wage Agreement (for short, “NCWA”). The relevant clause being 9.5.0 of NCWA is produced herein below:-

“9.5.0 Employment/Monetary compensation to female dependent Provision of employment /monetary compensation to female dependants of workmen who die while in service and who are declared medically unfit as per Clause 9.4.0 above would be regulated as under:

(i) In case of death due to mine accident; the female dependant would have the option to either accept the monetary compensation of Rs. 4,000/- per month or employment irrespective of her age.

(ii) In case of death/total permanent disablement due to cause other than mine accident and medical unfitness under Clause 9.4.0., if the female dependant is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 3,000/- per month or employment.

In case the female dependant is above 45 years of age she will be entitled only to monetary compensation and not to employment.

(iii) In case of death either in mine accident or for other reasons or medical unfitness under Clause 9.4.0. If no employment has been offered and the male dependant of the concerned worker is 12 years and above in age, he will be kept on alive roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependant is on live roster, the female dependant will be paid monetary compensation as per rates at paras (i) & (ii) above. This will be effective form 1.1.2000.

(iv) Monetary compensation wherever applicable, would be paid till the female dependant attains the age of 60 years.

(v) The existing rate of monetary compensation will continue. The matter will be further discussed in the Standardisation Committee and finalised.”

5. The writ petitioner gave two reminders for compassionate appointment. The first one was on July 23, 2012 and the other one was on September 12, 2020. Even though the appellants by a letter dated July 27, 2012 offered MMCC in lieu of the compassionate appointment to the respondent no further steps was taken.

6. When the writ petitioner initially made an application for employment on compassionate ground in 2011, she was asked to attend a screening test on July, 30, 2012. Thereafter, there was no response from the ECL/appellants. The writ petitioner again applied on March 14, 2016 and requested the appellants to provide her monetary compensation since her application for employment was not accepted.

7. Thereafter, the appellants asked the writ petitioner to appear for a medical examination on January 3, 2019 and the writ petitioner appeared for the same. The appellants did not take any further step after that. The writ petitioner again applied on September 10, 2020 praying for an employment. A letter dated October, 12, 2020 was issued by the working president of the union but no heed was paid to the same.

8. The writ petitioner again made an application on July 13, 2021 for providing her with monetary compensation.

9. Since the appellants did not take any step for either granting compassionate appointment or monetary compensation to the petitioner, she filed the instant writ peti