IMPORTANT POINT
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.

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 which appellant had received a reply dated September 20, 2022. She had made a representation through her advocate on December 19, 2022. Thereafter, appellant had applied by way of the writ petition for grant of compassionate appointment which resulted in the impugned order.

4. Learned advocate appearing for the appellant has drawn the attention of the Court to clause 9.3.0 to 9.5.0 of the NCWA. He has contended that, when the respondent authorities rejected the claim of compassionate appointment of the appellant on the ground of the appellant being a minor, at that point of time, the appellant was an adult. He has contended that, the date of birth of the appellant is October 1, 1999. The authorities had rejected the prayer for compassionate appointment in 2022 when the appellant was an adult.

5. Learned advocate appearing for the appellant has contended that, appellant is entitled to compassionate appointment in terms of the NCWA. In support of such contention, he has relied upon 2017 Volume 6 West Bengal Law Reporter (Cal) 255 (Putul Rabidas Vs. Eastern Coalfields Ltd and Others), 2018 Volume 11 Supreme Court Cases 210 (Subhadra Vs. Ministry of Coal and Another), 2010 Volume 2 Calcutta High Court Notes 327 (Santi Ruidas Vs. Coal India Ltd) and 2017 Volume 4 Calcutta High Court Notes 362 (The State of West Bengal and Others Vs. Purnima Das and Others).

6. Learned senior advocate appearing for the respondents has contended that, the appellant is not entitled to compassionate appointment but is entitled to MMCC. He has pointed out that, on the date of death of the employee, the appellant was a minor though a daughter of the deceased employee.

7. Learned senior advocate appearing for the respondents has referred to the NCWA and particularly to clauses 9.3.0 to 9.5.0 thereof. He has contended that, no interpretation should be advance which renders clause 9.5.0 (iii) otiose. He has pointed out that, clause 9.5.0 (ii) is restricted to a female dependent. Referring to clause 9.5.0 (iii) he has contended that, the first part thereof is restricted to male dependent and does not deal with the female dependent. However, the latter half of such clause has prescribed benefits for the female dependent.

8. Learned senior advocate appearing for the respondents has contended that, clauses 9.5.0 (ii) and (iii) cannot be mixed up. Clause 9.5.0 (ii) has not provided for a live roaster to be maintained in respect of a female dependent. Therefore, there is no requirement to give employment to a female on such female dependent attaining the age of an adult. Doing so, according to him, would be deviating from the intention of the parties to the settlement which has been transcribed in the NCWA.

9. Learned senior advocate appearing for the respondents has contended that, the provi