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GOUTAM BHADURI
Sona Bai W/o Late Gyan Das – Appellant
Versus
South Eastern Coal Fields Limited – Respondent
ORDER :
1. The present petition has been filed by the mother of the deceased namely Sunil Kumar, who died in harness 21/09/2014 while working as a General Mazdoor Category-1 with the SECL. By way of the instant petition, the petitioner is the rejection of her claim for grant of compassionate appointment.
2. According to the petitioner she being the mother of the deceased employee and her only son died in harness and there is no other member in the family after the death of her son, she received a communication on 28/11/2014 wherein in lieu of service, the monetary compensation was contemplated and she was asked to move an application. Subsequently, the petitioner moved the application but the monetary compensation was denied to her. This led to filing of a writ petition bearing WPS No. 2706 of 2015, wherein this Court by order dated 05/10/2015 disposed of the said writ petition directing the respondents to decide the petitioner’s claim concerning monetary compensation and/or compassionate appointment within a specified time period. Subsequently, when the representation was filed, the claim of the petitioner/mother was denied on the ground that she being the mother do not come within
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....
Compassionate appointment under the National Coal Wage Agreement is limited to recognized dependents, and monetary compensation is appropriate when direct dependents are alive.
The main legal point established in the judgment is the entitlement of the petitioner to compassionate appointment under the National Coal Wages Agreement-IX (NCWA-IX) and the court's emphasis on tim....
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
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....
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