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ANANDA SEN
Sunil Tudu – Appellant
Versus
Eastern Coalfields Limited (ECL) – Respondent
JUDGMENT :
In this writ petition, the petitioner prays for quashing the order dated 24.12.2015, whereby the respondents have rejected the claim for grant of compassionate appointment to the petitioner. It has further been payed for a direction upon the respondents to grant compassionate appointment to this petitioner, who is son-in-law of the deceased.
2. One Prem Prakash Hembrom, the father in-law of the petitioner, who was an employee of M/s Eastern Coalfields Limited (for short 'ECL') died in harness on 15.8.1999 leaving behind his wife, two sons and two daughters. This petitioner is the son-in-law of the deceased -Prem Prakash Hembrom, being the husband of Dipika Hembrom. Upon the death of the deceased, son-in-law applied for grant of compassionate appointment, as he claimed that he was dependent upon the deceased and residing with him. The marriage of this petitioner and Dipika Hembrom (daughter of the deceased) was solemnized on 27.4.1999. It is the mother in-law who sponsored the name of this petitioner for grant of compassionate appointment. Be it noted that another daughter has expired and the second son of the deceased also died on 22.5.2001. It is further case of the petit
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....
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....
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....
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....
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 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....
Exclusion of married daughters from compassionate appointment based on marital status alone is unconstitutional and violative of the right to equality.
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....
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