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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sukumoni Hembram Alias Sukumoni Mejhan – Appellant
Versus
Union of India – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellant has preferred this appeal against the order dated June 20, 2023 passed in her writ petition being WPA 13064 of 2023.
2. By the impugned order, learned single judge has rejected the claim for compassionate appointment so far as the writ petitioner is concerned but directed payment of
Monthly Monetary Cash Compensation (MMCC) under Clause 9.5.0 of National Coal Wage Agreement (NCWA).
3. Learned advocate appearing for the appellant has submitted that, appellant is the daughter of the deceased employee. Deceased employee had died in harness on May 12, 2015. Appellant had been included as a dependent of the deceased employee in the service book of the deceased employee. Mother of the appellant had applied for employment of the appellant by a writing received by the respondent authorities on March 4, 2022. Appellant had been medically examined on March 7, 2022. Appellant had appeared before the Area Screening Committee under the NCWA as directed by the letter dated March 26, 2022. Since the appellant did not receive any information with regard to the request for compassionate appointment, appellant applied under the Right to Information Act, 2005 to
The court established that a female dependent's right to compassionate appointment under the NCWA is not negated by her minor status at the time of the deceased's death.
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
The court ruled that the mother of a deceased employee qualifies as a dependent for compassionate appointment under the National Coal Wage Agreement, emphasizing a liberal interpretation of dependenc....
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