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DEEPAK ROSHAN
Sumitra Sahu wife of Late Maniram Sahu (Son of Late Ghurwa Sahu) – Appellant
Versus
Chairman-cum-Managing Director, Bharat Coking Coal Limited (BCCL) – Respondent
JUDGMENT :
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying for a direction upon the concerned respondents to grant appointment to the petitioner on compassionate ground in place of her father-in-law who died in harness on 14.07.2006 during his service period.
3. The brief facts of the case are that petitioner's father-in-law Ghurwa Sahu was appointed on 18/12/1980 to the post of U.G. Miner/Loader Pump Operator, Kassurgarh Colliery who died in harness on 14/07/2006 during his service period. On the date of the death of deceased employee abovenamed, the petitioner's husband Maniram Sahu survived by his mother, wife and his four children and thereafter his son/husband of the petitioner Maniram Sahu applied for compassionate appointment on 27.11.2007 with affidavit of his mother (wife of Late Ghurwa Sahu). However, when his application was under consideration, he died on 27.10.2012. Hence petitioner applied for compassionate appointment in place of her father-in-law, Late Ghurwa Sahu, which is still under consideration.
4. Learned Counsel for the petitioner submits that the petitioner being daughter-in-law comes under the
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....
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 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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