IMPORTANT POINT
Indirect dependents, such as a widowed daughter-in-law, are eligible for compassionate appointments under the NCWA if they can demonstrate dependency on the deceased employee.

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 alive. The learned Trial Judge erred in directing grant of compassionate appointment or benefit of MMCC to the indirect dependant of the deceased employee.

5. It was also submitted by learned advocated for the appellant that following death of the deceased employee, compassionate appointment was offered to the dependent son of the deceased but the said son died before he could join the service. The legal obligation of the appellant to provide compassionate appointment was settled once for all when the son of the deceased employee was offered with such appointment and as such the same cannot be reopened afresh.

6. Learned advocate for the appellant also refers to several provisions of the National Coal Wage Agreement (NCWA).

7. The father-in-law of the petitioner namely Nunulal Hembram was an employee of the Eastern Coalfields Limited. The said Nunulal Hembram died in harness on June 16, 2019 leaving behind his widow and a son. The son of the deceased Nunulal Hembram namely Krishna Kumar Hembram i.e. the husband of the writ petitioner Arti Murmu, applied for compassionate appointment in the capacity of male dependent. The application of such son of the deceased employee i.e. the husband of the writ petitioner was processed and approved. His place of posting was also notified. However, before joining, Krishna Kumar Hembram died.

8. The writ petitioner is the widowed daughter-in-law of the deceased employee Nunulal Hembram. After the death of the son of deceased employee, his wife i.e. mother-in-law of the writ petitioner applied before the Eastern Coalfields Limited authorities to grant job on compassionate ground to the writ petitioner vide her letter dated March 19, 2021.

9. The application so filed on behalf of wife of the deceased employee, was rejected by the ECL authorities by a writing dated July 31, 2021. The reasons for rejection as indicated in the writing dated July 31, 20121 was stated that the marital status of the petitioner was not established as ‘widowed daughter-in-law’ as on the date of death of deceased employee. The authorities referred the rejection in accordance with the NCWA scheme. Upon such rejection, the writ petitioner approached the High Court through WPA No. 21414 of 2021.

10. Admittedly, the employee Nunulal Hembram died in harness on June 16, 2019. It is also not in dispute that the son of the deceased employee applied for being appointed on compassionate ground and such prayer was accorded to in terms of the letter of the Chief Manager (P&IR)/Empl. & Recrut. dated November 10, 2020. He was asked to appear for his medical examination for the purpose of his employment by a writing dated March 19, 2021. The appellant has also not disputed that the said son of deceased employee namely Krishna Kumar Hembram, who was offered an empl