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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Eastern Coalfields Limited – Appellant
Versus
Arti Murmu – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. The instant appeal is in assailment of judgment and order dated December 22, 2023 passed in WPA No. 21414 of 2021.
2. By the impugned judgment the learned Single Judge allowed the writ petition directing the respondent Eastern Coalfields Limited to provide compassionate appointment to the writ petitioner and in the alternative, if the petitioner attained the age of 45 years as on the date of filing of the writ petition i.e. December 24, 2021, the respondent was directed to provide the Monthly Monetary Cash Compensation (MMCC).
3. Being aggrieved, the respondent Eastern Coalfields Limited has preferred this appeal on several grounds. It is submitted that while passing the impugned judgment, learned Single Judge misconstrued the provisions of National Coal Wage Agreement (NCWA). The appellants also submitted that learned single judge erred in holding that the writ petitioner qualified as dependant of the deceased employee.
4. Learned advocate for the appellant further submitted that the writ petitioner happens to be indirect dependant i.e. widow of deceased son of the employee whereas the wife of deceased employee, being his direct dependant is still
Compassionate appointment is an exception to the general rule of appointment, and no aspirant has a right to compassionate appointment. Appointment on compassionate ground can only be made on fulfill....
Compassionate appointment is an exception and must be in accordance with constitutional principles. Preference is given to direct dependents over indirect dependents, and financial security of the fa....
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.
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....
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
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