Denying employment to a female candidate based solely on gender violates Articles 14 and 15 of the Constitution, mandating equality in employment opportunities.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Mahesh Tewari, learned counsel for the petitioner, Mr. Amit Kumar Das, learned counsel for the Coal India Limited and Mr. Rajesh Lala, learned counsel for the Eastern Coalfields Limited.

2. The prayer in the writ petition is made for direction upon the respondents particularly respondent no. 4 to provide employment to the petitioner, namely, Shipra Tewary D/o Late Birendra Nath Tewary being the land looser of the land situated at Plot Nos.113, 114, 115, 116, 117 and 118, measuring area of 0.40 decimals, 0.15 decimals, 0.51 decimals, 0.19 decimals, 3.00 acres and 0.81 decimals respectively, put together 5.06 Acres, Mouza Nawadih, P.S. Nala, District-Jamtara. Later on, the petitioner came to know about the letter dated 17.11.2020 by which the employment to the petitioner has been denied, which was challenged by way of filing I.A. No. 2419 of 2024 and the said I.A. was allowed vide order dated 24.07.2024. Thus, the letter dated 17.11.2020 is also under challenge in this writ petition.

3. Mr. Mahesh Tewari, learned counsel for the petitioner submits that during the pendency of the present writ petition, petitioner no. 2 has left for her heavenly abode and in view of that, the name of petitioner no. 2 was deleted vide order dated 28.06.2024 and, as such, now this petition is confined to petitioner no. 1 only, namely, Shipra Tewary. He further submits that the Eastern Coalfields Limited entered into an agreement with the father of the petitioner for use of the land/extracting the coal in respect of Plot Nos. 113, 114, 115, 116, 117 and 118, measuring areas of 0.40 decimals, 0.15 decimals, 0.51 decimals, 0.19 decimals, 3.00 acres and 0.81 decimals respectively, total comes to 5.06 acres. According to Mr. Tewari, initially steps were taken for acquiring the land in question and in this regard, a proposal for procurement of land was also initiated vide Reference dated 18.09.1992, but the General Manager advised the Agent/Manager to make an agreement with the land owners. He then submits that the land of the father of the petitioner was used for extracting the coal on the basis of the agreement. He submits that earlier the father of the petitioner has moved before this Court in W.P. (C) No. 5089 of 2005, which was allowed by the learned Single Judge vide order dated 26.04.2006 directing the Eastern Coalfields Limited to pay compensation as well as employment to the dependent of the father of the petitioner, which was challenged by the Eastern Coalfields Limited in L.P.A. No. 81 of 2007 and the said L.P.A. was dismissed vide order dated 18.11.2013 and in the said L.P.A. direction was issued to the Eastern Coalfields Limited to ascertain the amount of compensation and to pay the same along with the interest @ 6% per annum within a period of three months from the date of receipt of a copy of that order. The Eastern Coalfields Limited was further directed to provide opportunity of employment to the dependents of the land losers within a period of six months from the date of receipt of a copy of that order. He further submits that a portion of compensation has been received, however, employment is not provided. He also submits that the employment has not been provided to the petitioner in spite of the order of the Division Bench of this Court is there.

4. Mr. Tewari, learned counsel for the petitioner draws attention of the Court to the counter affidavit filed by the Eastern Coalfields Limited particularly paragraph 30 thereof and submits that the ground has been taken that female candidate cannot be provided employment and only male candidate can be provided employment. He submits that however the said ground is not disclosed in the letter dated 17.11.2020 and it is only observed therein that in light of the earlier decision, the employment is denied. He also submits that so far as this aspect is concerned, that has already been set at rest in many cases and it has been held that even female candi