Heard.

1. The important issue arising for consideration in this petition is whether the action of the respondents in denying benefit of compassionate appointment to the adopted daughter of deceased employee is discriminatory and violative of Article 14 and 16 of the Constitution of India.

2. The factual details of the case are in narrow encompass and need to be dealt with quintessentially.

3. One Ranjit Kumar Malick who was working as Office Superintendent at Sohagpur area of South Eastern Coalfields Limited/respondent No.2, died in harness on 04.08.2010. He left behind his widow and unmarried minor adopted daughter, the petitioner Ms. Hamshikha Malick, who at the time of death, was aged about 14 years. A claim for compassionate appointment was made in terms of provisions contained in Clause 9.3.0 of the National Coal Wage Agreement, Chapter-IX Social Security. The claim, however, was rejected on the ground that the policy does not permit grant of compassionate appointment to a dependent, who happens to be adopted daughter.

4. Learned counsel for the petitioner submits that the denial of equal treatment is based solely on gender discrimination. Learned counsel for the petitioner