Compassionate appointment under the National Coal Wage Agreement is limited to recognized dependents, and monetary compensation is appropriate when direct dependents are alive.

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 definition of the family and due to delay on part of respondents to appoint her husband Mani Ram Sahu, petitioner's whole family are dying due to starvation. He further submits that her husband Maniram Sahu had applied for his Compassionate appointment in 2007 within time but was not given appointment till 2012 and died due to starvation in the year 2012 and thereafter this petitioner had applied for compassionate appointment in place of her father-in-law as she has to run the family of her four children.

He further submits that the petitioner was asked to appear before the medical board and she appeared on 22.09.2020 and the medical examination of the petitioner was done by respondent authorities but despite completing all the legal formalities the employment has not been given to the petitioner by the respondents till date; as such, he prays for the direction to the respondent authorities to give compassionate appointment to the petitioner.

5. Learned counsel for the respondent relying upon its Counter affidavit submits that after the death of Late Ghurwa Sahu, his son Maniram Sahu applied for his appointment on compassionate ground. However, before any final decision could be taken on the claim of Maniram Sahu, he also unfortunately died on 17.10.2012. Thereafter, Smt. Jathiya Bai, the widow of the deceased employee represented for employment of her daughter in law Smt. Sumitra Sahu vide application dated 11.06.2013.

So far as the claim of Smt. Sumitra Sahu for compassionate appointment is concerned; it has been stated that her name was not mentioned in the Service Excerpts of Late Ghurwa Sahu-the deceased employee; nor her name was mentioned in the Attestation Form submitted by Late Maniram Sahu and in the Family Certificate dated 22.07.2007 issued by the BDO, Baghmara.

It has been submitted by learned counsel that as per the details of the family members mentioned in various documents/certificate at the time of death of the ex-employee is as under:-

(i) Smt. Jethya Bai, wife of ex-employee - age 47 years,

(ii) Maniram Sahu, son of ex- employee aged 26 years,

(iii) Muni Bai, daughter of ex-employee - (Married) - 23 years.

Even in the Attestation Form, Late Maniram Sahu has not declared Smt. Sumitra Sahu as his wife in the family details column.

6. He further draws attention of this Court upon the Clause-9.3.1 of the National Coal Wage Agreement, and submits that employment would be provided to one dependent of workers who are disabled permanently and also those who die while in service. The same is extracted hereinbelow:

"9.3.3 - The dependent for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment. brother, widowed daughter/widowed daughter in law