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ARUP KUMAR GOSWAMI, SANJAY AGRAWAL
South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director, South Eastern Coalfields Limited – Appellant
Versus
Shobha Parida W/o. Late Sh. Kampo – Respondent
JUDGMENT :
[Sanjay Agrawal, J.]
1. The Respondents – South Eastern Coal Fields Limited and others (hereinafter referred to as the S.E.C.L.) preferred this appeal under Section 2 (1) of the Chhattisgarh High Court (Appeal to the Division Bench) Act, 2006, questioning the legality and propriety of the order dated 15.02.2022 passed by the Learned Single Judge in W.P.(S) No.6578 of 2021, whereby the claim of the Writ Petitioners has been allowed entitling Petitioner No.2 – Smt. Narmada Parida to be appointed as dependent employment on account of sad demise of her father, the employee of the Appellants – S.E.C.L. The parties shall be referred hereinafter as per their descriptions mentioned before the Court of learned Single Judge.
2. Briefly stated the facts of the case are that one Kampo, predecessor-in-interest of the Petitioners, who was the employee of S.E.C.L., has died in harness on 14.04.2021. On account of his sad demise, Petitioner No.1, Smt. Shobha Parida, being his widow, had applied for dependent employment for her son, namely, Krishna Chandra Parida, as per the terms provided in clause 9.3.3 of the National Coal Wage Agreement (for short, the N.C.W.A.), on 12.05.2021. The sai
Exclusion of married daughter is unreasonable and in violation of provisions prescribed under Articles 14 and 15 of Constitution of India.
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
Point of Law : Apex Children born out of second marriage cannot be treated as illegitimate children, therefore, the impugned rejection order dated 24.04.2018 passed by the respondents is contrary to ....
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