IMPORTANT POINT
Children from void marriage cannot claim compassionate appointment.

Joymalya Bagchi, J.—This appeal is directed against the judgment and order dated 13th December, 2011 passed by the learned Single Judge in W.P. No. 1015 of 2011 whereby the impugned Memo No. ECL/AGENT/KDC/2011/514 dated 30th Mayl2nd June, 2011 issued by the Deputy CME/AGENT, Kumardhobi Colliery was quashed and the respondent authorities were directed to reexamine the claim of the petitioner in terms of the applicable Coal Wage agreement notwithstanding the fact that the petitioner was an illegitimate son born out of the second marriage of the deceased employee.

2. The short compass of facts giving rise to the appeal is that one Mithu Singh, since deceased, was an employee of Eastern Coalfields Ltd. (respondent no. 2), a subsidiary of Coal India Ltd., respondent no. 1 herein. Mithu Singh had married one Debanti Devi during the subsistence of his earlier marriage with Nurmani Devi. The petitioner is the son of the said Mithu Singh born out of the second marriage with Debanti Devi. The fact of second marriage of Mithu Singh was noted in his service record. Mithu Singh died on 06.10.2000 while in service. Upon death of Mithu Singh, the petitioner made an application requesting for compassionate appointment.

3. Pursuant to such representation, the petitioner appeared before the Screening Committee and after initial medical examination, his case was forwarded to the Deputy CMEI Agent, Kumaradhubi Colliery, Eastern Coalfields Limited, respondent no. 6 herein.

4. By impugned order bearing Memo No. ECL/AGENT/KDC/2011/514 dated 30th May/2nd June, 2011, the respondent no. 6 rejected the claim of the petitioner on the ground that he was born out of the second marriage of Late Mithu Singh.

5. The petitioner challenged such decision before this Court in W.P. No. 1015 of 20 11. The learned Single Judge set aside the impugned order rejecting the prayer for compassionate appointment of the petitioner by holding that the word “son” in the category of “dependants” in Clause 9.3.3 of the National Coal Wage Agreement - VI (hereinafter referred to as “NCWA”) would include an illegitimate son born out of the second marriage of a deceased employee.

6. Mr. Alok Banerjee, learned advocate appearing for the appellant Eastern Coalfields Limited, assailed the impugned order on the ground that public post is not heritable property of the deceased employee and therefore terms of the compassionate appointment scheme as en grafted in NCW A could not have been expanded by resorting to the provisions of Section 16 of the Hindu Marriage Act, 1955. He further submitted that compassionate appointment was an exception to the general rule of recruitment through open competition and the same is to be strictly construed.

7. In support of his argument, Mr. Banerjee relied on Ramesh Chand v. Executive Engineer, Electricity Distribution Division, 2004 (100) FLR 111 — II, V.P. Power Corporation Ltd., Allahabad and others).

8. Mr. U.S. Agarwal, learned advocate appearing for the respondents submitted that the expression “son” in Clause 9.3.3 of NCWA is to be interpreted in the light of the provisions of Section 16 of the Hindu Marriage Act, 1955 and Section 20 of the Hindu Adoption and Maintenance Act and the same would include an illegitimate son born out of a second marriage. He further submitted that a beneficial provision must be liberally construed. He relied on Geetha Ramani v. District Educational Officer, Kancheepuram, 2005 LAB I.C. 386 and Rameshwari Devi v. State of Bihar and Ors., 2000 (2) SCC 431

9. The issue which therefore falls for decision is whether the expression “son” as contained in the category of dependants in Clause 9.3.3 of Chapter X of NCWA would include an illegitimate son born out of second marriage of a deceased employee.

10. The scheme for compassionate appointment in respect of deceased/disabled employee of the respondent company is provided in Chapter IX of NCWA.

Clause 9.3.1 contained in the said Chapter reads as follows:

“9.3.1