ORDER

1. This petition has been filed under Article 226 of the Constitution of India challenging the order dated 18.5.2016 (Annexure-P-5), whereby the claim of the petitioner for grant of compassionate appointment has been rejected by the respondents on the ground that there is no provision in the respondent-establishment to grant compassionate appointment to the married daughter.

2. The father of the petitioner was working in respondent-establishment on the post of Fitter Grade-I and died in harness on 27.11.2015. The petitioner being a daughter was fully dependent upon her parents and after the death of her father made an application before the respondent for grant of compassionate appointment. The mother of the petitioner has also written a letter that due to death of her husband, compassionate appointment may be granted in favour of the petitioner. The claim has been rejected and was accordingly informed to the mother of the petitioner that daughter cannot be given compassionate appointment as she is already married and as per the policy no provision is available to grant benefit of compassionate appointment to the married daughter.

3. Being aggrieved by the said, this petition has been filed seeking quashment of the order and also the provision of the policy of the respondentdepartment under which Clause 9.3.3 makes married daughter disqualify to get the benefit of compassionate appointment.

4. Learned counsel for the petitioner has relied upon a decision passed by Full Bench of this Court in W.A.No.756/2019 (Meenakshi Dubey v. M.P.Poorva Kshetra Vidyut Vitran Co.Ltd and others).

5. Shri Greeshm Jain, learned counsel for the respondent has also submitted and relied upon the reply filed by them saying that Clause 9.3.3 of National Coal Wage Agreement is applicable all over in Coal India and its subsidiaries. He submits a joint bipartite agreement has been executed between the CIL Management and Four Central Trade Unions. He submits that JBCCI is also a necessary party which has played important role in formulating the National Coal Wage Agreement (NCWA) and therefore without impleading it as a party, the writ petition is liable to be dismissed as the same suffers from non-joinder of necessary party. It is also stated by the respondents that the deceased employee left behind him two daughters and a son and as per NCWA if son is available then he gets priority over any other dependent and therefore married daughter (petitioner) was rightly denied the compassionate appointment. The fact regarding the dependency of the present petitioner with the parents was also denied. It is stated by learned counsel for the respondent that grant of compassionate appointment is not an additional method of providing the employment violating Article 14 of the Constitution of India but this is provided with an object to provide social security to the bereaved family. He submits that there is no infirmity and illegality in Clause 9.3.3 of NCWA and therefore the same cannot be declared illegal.

6. After considering rival contentions of learned counsel for parties and also considering the view taken by Full Bench in W.A.No.756/2019, I am of the opinion that Clause 9.3.3 of NCWA runs contrary to Articles 14,15,16 and 39(a) of Constitution of India. Taking note of various judgments of Supreme Court, this Court in W.A.No.756/2019 in paras 13,17,18 and 19 has observed as under :-

The common string in the aforesaid judgments of various High Courts is clear like a cloudless sky that the action/clauses of the policy which deprives married daughter from right of consideration for compassionate appointment runs contrary to Articles 14, 15, 16 and 39(a) of the Constitution. We concur with the above view taken by various High Courts.

We are not oblivious of the settled legal position that compassionate appointment is an exception to general rule. As per the policy of compassionate appointment, State has already decided to consider claims of the married daughters (C