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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, J.
Ram Swaroop Manjhi S/o Late Sanichar Manjhi – Appellant
Versus
Bharat Coking Coal Limited – Respondent
W.P.(S) No. 6656 of 2017
Decided on : 06-12-2022
Compassionate Appointment - National Coal Wage Agreement - Clause 9.3.2, 9.3.3 - The court discussed the provisions of the National Coal Wage Agreement, specifically Clause 9.3.2 and 9.3.3, which define the eligibility for compassionate appointment and the distinction between direct and indirect dependents. The court also referred to the principles established by the Hon’ble Supreme Court in various judgments regarding compassionate appointment as an exception to the general rule of appointment, emphasizing that no aspirant has a right to compassionate appointment and that appointment on compassionate ground can be made only on fulfilling the norms laid down by the State’s policy and/or satisfaction of the eligibility criteria as per the policy.
Fact of the Case:
The petitioner sought compassionate appointment after the death of his mother-in-law, who was a permanent employee of Bharat Coking Coal Ltd. The competent authority had dismissed the claim for compassionate appointment, leading to the petitioner filing a writ petition.
Finding of the Court:
The court found that the petitioner, as the son-in-law, did not qualify as a dependent for compassionate appointment under the National Coal Wage Agreement. It emphasized the distinction between direct and indirect dependents and held that the daughter, being a direct dependent, should be given preference over the son-in-law. The court also highlighted that compassionate appointment is an exception to the general rule and does not confer a right to appointment.
Issues: The main issue was whether the petitioner, as the son-in-law, was eligible for compassionate appointment under the National Coal Wage Agreement.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the National Coal Wage Agreement, specifically Clause 9.3.2 and 9.3.3, and the established legal principles regarding compassionate appointment as an exception to the general rule of appointment.
Final Decision: The writ petition for grant of compassionate appointment was dismissed by the court, holding that the petitioner did not qualify as a dependent for compassionate appointment under the National Coal Wage Agreement.
ORDER :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Petitioner, in this writ petition, is praying for grant of compassionate appointment, in lieu of death of the mother-in-law, who died in harness. Further, a prayer has been made to set aside the order dated 07.04.2017, whereby the competent authority has dismissed the claim for compassionate appointment of this petitioner.
3. Mother-in-law of this petitioner was a permanent employee of Bharat Coking Coal Ltd., who died in harness on 10.08.2005, leaving behind her husband and wife of this petitioner, being the daughter, who is married. This petitioner being the son-in-law of the deceased, applied for grant of compassionate appointment along with all the documents, but, as no order was passed, he approached this Court by filing W.P.(S) No.3117 of 2016. The said writ petition was disposed of on 28th October, 2016, directing the respondents to consider the case and pass an order on merits and act in accordance with the said order, if the order finds favour to the petitioner.
4. The respondents, considering the case of the petitioner, dismissed the application for grant of compassionate appointment by passing the impugned order, resulting in this application.
5. Counsel for the petitioner submits that as per National Coal Wage Agreement (hereinafter referred to as ‘NCWA’) son-in-law is eligible for grant of appointment. Thus, considering the fact that husband of the deceased (father-in-law of this petitioner) is over age, the only eligible candidate is this petitioner, who should have been considered for grant of compassionate appointment. He submits that the rejection of petitioner’s application for grant of compassionate appointment is absolutely bad, which needs to be set aside and the petitioner be offered appointment on compassionate ground.
6. The facts are admitted. Mother-in-law of this petitioner, namely, Bada Parwatia Kamin was an employee of Bharat Coking Coal Limited. She died in harness on 10.08.2005. She left behind her married daughter (wife of this petitioner) and her husband. As the husband of the deceased has crossed the age of appointment, his son-in-law has applied for grant of compassionate appointment.
7. It is well settled that compassionate appointment is not a rule, but is an exception. A candidate has got no right to be appointed on compassionate ground as the same is in violation of Articles 14 and 16 of the Constitution of India. The Hon’ble Supreme Court in Civil Appeal No.6938 of 2022 [State of Maharashtra and Anr. Versus Ms. Madhuri Maruti Vidhate (since after marriage Smt. Madhuri Santosh Koli)] at paragraph 6 thereof has held as under:-
8. The approach of compassionate appointment has also been dealt with by the Hon’ble Supreme Court in paragraph 6.1 of the aforesaid judgment in Civil Appeal No.6938 of 2022 after taking note of the earlier judgments of the Hon’ble Supreme Court. It is necessary to quote paragraph 6.1, which reads as under:-
21. The decision in Govind Prakash Verma v. LIC, (2005) 10 SCC 289, has been considered subsequently in several decisions. But, before we advert to those decisions, it is necessary to
Compassionate appointment is an exception to the general rule of appointment, and no aspirant has a right to compassionate appointment. Appointment on compassionate ground can only be made on fulfill....
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....
The main legal point established in the judgment is that a married daughter would fall within the ambit of a dependent of the deceased under the provisions of the National Coal Wage Agreement VI, Cha....
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.
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
Compassionate appointments are an exception to the general recruitment rules and contingent upon strict adherence to governing schemes; eligibility requires eligibility criteria to be met, such as mi....
Compassionate appointment must be within the four corners of the scheme itself and cannot be granted after a long lapse of time.
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....
(1) Compassionate Appointment – Mere death of an employee in harness does not entitle his family to such source of livelihood. Authority concerned has to examine financial condition of family of the ....
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