A petitioner cannot claim compassionate appointment when a first spouse retains entitlement under National Coal Wage Agreement provisions, emphasizing gender discrimination warrants constitutional scrutiny.

1. Heard Ms. Meena Shastri, learned counsel for the petitioner. Also heard Mr. Sudhir Bajpai, learned counsel, appearing for respondents No.2 to 6.

2. By this petition the petitioner wants to seek following reliefs:-

“10.1 The Hon’ble Court may kindly be pleased to issue an appropriate writ/direction/order commanding the respondents to quash the order dated 03.08.2019 and direct them to consider the petitioner for compassionate appointment being dependent of her father.

10.2 The Hon’ble Court further be pleased to declare the provision mentioned in sub-clause-V- of clause 9.5.0 of “National Coal Wage Agreement – VI (NCWA-VI) which is taken by Sub-clause (iii) of “National Coal Wage Agreement – VI (NCWA-VI) as null & void being un-constitutional violating Fundamental Right of the petitioner enshrined under Article 14, 15, 16, 21 of Constitution of India.

10.3 Any other relief(s), which may deem fit, looking to the facts & circumstances of the case may be given to the petitioner.”

3. Brief facts necessary for disposal of this case are that father of the petitioner was employee of the respondent-SECL. He was working as "Pump Operator" in the resopndent-SECL at Chirimiri Area, Baikunthpur, District Koriya (C.G.). Jawahirlal (father of the petitioner) died in harness on 17.08.2005 when he was in service. Being sole daughter without having any brother, she is successor/legal heirs of her father. The petitioner is unmarried daughter of her father, the petitioner performed the last rights of her father. After death of Jawahirlal, the petitioner alongwith her mother namely Koushalya Bai made contact with the respondent authorities and made claim for the amount under the column C.M.P.F., Gratuity etc. They also claimed for compassionate appointment. Both were directed by the respondent authorities to bring succession certificate. Thereafter, both have filed an application under Section 372 of the Indian Succession Act, 1925. The case has been registered as Succession Case No. 23/2005. Just after two years, the petitioner again claimed for compassionate appointment before the respondent authority, but she has again been directed to finalize her case of succession certificate pending before the learned competent Court. The petitioner has been directed to make an application for compassionate appointment only after getting the succession certificate. Therefore, the petitioner kept waiting for finalization of the case during it's pendency. The learned Court has delivered order on 31.03.2018 and thereafter succession certificate has been issued on 29.05.2018. The petitioner made a representation before the respondent authority just after receiving such certificate, but the respondent authorities kept quite. The petitioner made several oral request for that, but the respondent authorities are not taking any action. She further made representation on 10.02.2019, but the respondent authorities have not taken any action which shows arbitrary conduct of the respondent authorities. Hence, the petitioner preferred writ petition seeking her grievances before this Court. This Court has disposed of the writ petition filed by the petitioner on 15.07.2019 directing the respondent authorities to decide the representation within 90 days. Thereafter, the respondent No.04 has passed the impugned order dated 03.08.2019 (Annexure P-1) rejecting the claim of the petitioner on the ground of non-mentioning the petitioner's name in service record of her father. The petitioner submits that learned trial Court has passed an order on 31.03.2018 declaring that the petitioner is daughter of late Jawahirlal and succession certificate has also been issued on 29.05.2018 in her name. Hence, the petitioner is legal heir being daughter of late Jawahirlal. The respondent authority has also denied the petitioner to provide compassionate appointment on the ground of contents mentioned in sub-clause V of clause 9.5.0 of the National Coal Wage Agreement VI (NCWA-VI) which is ta