The main legal point established is that the denial of compassionate appointment and death-cum-retiral benefits after the civil death of an employee must be supported by valid legal provisions and cannot be arbitrary.

In this writ petition, the petitioner has prayed for quashing of letter no.2738 dated 2.7.2011 (Annexure-11), whereby the petitioner's application for grant of compassionate appointment to her son Manoj Yadav has been refused. The petitioner has also prayed for direction on the respondents to appoint the petitioner's son on compassionate ground after civil death of the petitioner's husband and also to pay all the death-cum-retiral benefits and other dues payable after death of petitioner's husband.

2. The petitioner's husband Shankar Yadav left for attending his duty on 25.2.2002 and since thereafter he was not found and heard. An information was lodged with the Police and entry was made in the station diary on 4.3.2002. Police failed to trace out the petitioner's husband.

3. The petitioner, thereafter, filed a case for declaration of civil death of her husband Shankar Yadav being Title Suit No.20/2009. The said Suit was decided by judgment and decree dated 23.1.2010 declaring civil death of the petitioner's husband Shankar Yadav.

4. After the said declaration of death, one member of the family was entitled to compassionate appointment and the petitioner was entitled to get death-cum-retiral dues and other dues payable after death of her husband. But till date the arrears and the retiral dues, such as amount of provident fund, gratuity and group insurance, payable after the death of her husband, is not paid to the petitioner nor family pension has been fixed and paid to the petitioner, in spite of her repeated requests and representations.

5. The respondents have also arbitrarily rejected the petitioner's application for compassionate appointment of her son by impugned order dated 2.7.2011 (Annexure-11). It has been submitted that in the similar circumstances the respondents have provided compassionate appointment to one Parvati Devi, as mentioned in paragraph-27 of the writ petition.

6. A counter affidavit has been filed contesting the petitioner's claim. It has been stated that there is no provision for giving compassionate appointment on civil death of an employee. Learned counsel for the respondents submitted that since the petitioner has sustained for a long time after missing of her husband, her son is not entitled for employment on compassionate ground.

7. I have heard learned counsel for the parties and considered the facts and materials on record.

8. The declaration of civil death of the petitioner's husband has been made by competent court of civil jurisdiction, which has been also accepted by the respondents. Clause-9.3.2 of the National Coal Wage Agreement-V clearly provides for employment to one dependant of the worker who dies while in service.

9. On going through the said provision, I do not find any exception or clause excluding the dependant of worker who died a civil death depriving of his right of compassionate appointment. The ground of denial of the petitioner's claim for compassionate appointment of her son is not supported by any provision of law or the aforesaid wage agreement. The ground of delay is also not tenable in view of the fact that the application has been admittedly filed within time from the date of declaration of civil death of the petitioner's husband.

10. The petitioner's claim for death-cum-retiral dues and other benefits has been disputed on the aforesaid baseless grounds.

11. In view of the above, I find no justification for denying the claim of compassionate appointment of the petitioner's son. The impugned order dated 2.7.2011 (Annexure-11) being without any legal basis, is unsustainable and illegal and the same is quashed. This writ petition is allowed.

12. The General Manager (P & IR), Central Coalfields Ltd, – respondent no.3 is directed to consider the petitioner's claim of arrears of death-cum-retiral dues and other benefits payable to her after death of her husband and her claim for compassionate appointment of her son and pass a fresh order within six weeks from the da