Compassionate appointment and monetary compensation are mutually exclusive benefits under governing wage agreements, designed to alleviate immediate financial crisis upon a breadwinner's death. Such claims are not vested rights and are rendered unsustainable by significant, inordinate delay which defeats the purpose of the welfare measure.

JUDGMENT :

Heard Mr. Anoop Kumar Mehta, learned counsel for the appellants. None appears on behalf of the respondents despite valid service of notice.

2. This appeal is directed against the order dated 10.05.2024 passed by the learned Single Judge in W.P.(S) No. 811 of 2018 whereby and whereunder the writ application preferred by the respondents herein has been allowed and the appellants have been directed to extend employment to the respondent no. 1 and monetary compensation to the respondent no. 2.

3. The factual matrix in brief is that Bharat Mahato was working as a Tyndal in the Ropeways Division of M/s. BCCL who died in harness on 27.01.2007. The said Bharat Mahato had two wives – the first wife being Bhabhi Devi (respondent no. 2 herein) and the second wife being Kalyani Devi. A son was also born to Bharat Mahato from his second wife namely, Suraj Kumar Mahato (respondent no. 1 in this appeal). After the death of Bharat Mahato, both his wives applied for compassionate appointment, but the plea for compassionate appointment of Kalyani Devi was rejected since she was not the legally married wife of late Bharat Mahato. So far as the Bhabhi Devi is concerned, she was requested to apply for monetary compensation as per NCWA as she had attained the age of 45 years. The respondent no. 2 vide letter dated 05.06.2008 has requested the authorities of CCL to keep the name of the respondent no. 1 in the live roster and to provide him with employment. Since the monetary compensation to respondent no. 2 and compassionate appointment to respondent no. 1 were not being provided by the authorities, they had preferred a writ application being W.P.(S) No. 811 of 2018 which was allowed by the learned Single Judge on 10.05.2024 and which is the order impugned to the present appeal.

4. Mr. Anoop Kumar Mehta, learned counsel for the appellants has submitted that there is no provision for providing compassionate appointment as well as the monetary compensation and only in case a dependant is kept on a live roster, the female dependant is entitled to monetary compensation till the male dependant attains the age of 18 years. Allowing both the prayers in the writ application is contrary to the provisions of NCWA. Mr. Mehta has submitted that the writ application was preferred after 11 years of the death of the deceased employee and such delay is contrary to the object of compassionate appointment.

5. Clause 9.3.0 of NCWA VIII contains the provisions of employment to dependant and Clause 9.3.1 states that employment would be provided to one dependent of workers who are disabled permanently and also those who die in service. As per clause 9.3.2, the employment/payment of monetary compensation would be governed by para 9.5.0. Clause 9.5.0 deals with employment/monetary compensation to female dependant and the same reads as follows:

“9.5.0 Employment/Monetary compensation to female dependant Provision of employment/monetary compensation to female dependants of workmen who die while in service and who are declared medically unfit as per Clause 9.4.0 above, would be regulated as under:-

(i) In case of death due to mine accident, the female dependant would have the option to either accept the monetary compensation of Rs. 4,000/- per month or employment irrespective of her age.

(ii) In case of death/total permanent disablement due to causes other than mine accident and medical unfitness under Clauses 9.4.0, if the female dependant is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 3,000/- per month or employment.

In case the female dependant is above 45 years