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RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
Deepika Singh – Appellant
Versus
South Eastern Coalfields Ltd. – Respondent
ORDER
1. Aggrieved by the order dated 17.1.2022 passed by the learned Single Judge in dismissing the Writ Petition No.2442 of 2021, the petitioner is in appeal.
2. The case of the petitioner is that her father was working on the post of Senior Mechanic (Token No.3004) with the respondents. He died during the course of employment on 10.7.2020. By the application dated 15.9.2020, the widow of the deceased made an application for grant of compassionate appointment to her daughter. On the very next day, the respondents wrote a letter to the widow advising her to take compensation instead of a job for her daughter. Nothing happened thereafter. Thereafter, the mother of the petitioner wrote a letter dated 1.10.2020 indicating that her daughter is married, which information by mistake, was not provided to them earlier. By the communication dated 6.10.2020, the respondents informed her that there is no provision in the Company rules to provide compassionate appointment to a married daughter. Since no appointment was made, a letter was once again addressed on 13.10.2020 and thereafter again on 18.12.2020 seeking grant of compassionate appointment. Since the same was not done, the instant wr
The main legal point established in the judgment is that a married daughter would fall within the ambit of a dependent of the deceased under the provisions of the National Coal Wage Agreement VI, Cha....
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
Married daughters are entitled to consideration for appointment on compassionate grounds, subject to eligibility, and the denial of compassionate appointment based on marriage is not valid under the ....
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
Exclusion of married daughters from compassionate appointment based on marital status alone is unconstitutional and violative of the right to equality.
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