Excluding sisters from the definition of 'dependents' for compassionate appointment while including brothers is discriminatory and violates Articles 14 and 15 of the Constitution of India, as it constitutes gender bias.

Digitally signed by SHYNA AJAY D o=N P: Ec Rn= SOSH NY AN L,A AJAY, st=Chhattisgarh, c=IN

(Cause Title downloaded from CIS Periphery)

C A V Order

1. The petitioners are aggrieved by the letter dated 24.12.2022 (Annexure P/1) issued by the Deputy Manager, SECL Gevra. By way of the impugned letter, the application filed by petitioner No.2- Smt. Beena Binjhwar for grant of compassionate appointment on account of the death of her brother Rajaram in harness, was rejected. The rejection was made on the ground that as per the prevailing Rules of the Company, a sister does not fall within the definition of a ‘dependent’ eligible for compassionate appointment.

2. The petitioners have filed this petition seeking the following reliefs :

10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal;

10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction and quash/set-aside the letter/order dated 24.12.2022 (Annexure P/1) issued by the respondent no.3;

10.3 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondents to grant dependant employment to the petitioner no.2 in place of Late Shri Rajaram (the son of the petitioner no.1 and the brother of the petitioner no.2); and

10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioners.

3. The case, as projected by the petitioners, are that petitioner No.1 is the mother of late Rajaram, who died in harness while working as a trainee in the SECL. During his lifetime, the deceased had applied for employment under the rehabilitation policy in lieu of land acquired for the SECL Gevra Project; however, on 11.4.2022, Rajaram died in a motor accident. Being unmarried at the time of his death, he left behind no legal heirs other than petitioner No.1 (mother) and petitioner No.2 (sister). During his lifetime, deceased- Rajaram was the sole breadwinner for his family and the petitioners were wholly dependent upon him. Petitioner No.1, mother of the deceased, who is aged about 72 years, was maintained entirely by her late son. Similarly, petitioner No.2, his sister, relied upon him for her sustenance. On account of sudden demise of Rajaram in the motor accident, an application for dependent employment was submitted along with all relevant documents. Nevertheless, the said application was rejected on the ground that the sister of a deceased employee is ineligible for such an appointment.

4. Learned counsel for the petitioner submits that both the mother and sister (petitioners herein) were entirely dependent upon the deceased employee- Rajaram. He submits that petitioner No.1 is a widowed mother and petitioner No.2 is a widowed sister, the latter’s husband having passed away on 8.4.2002. Since the demise of the husband of petitioner No.2, she has been residing at her maternal home with petitioner No.1 and Rajaram (deceased). He further submits that as there are no other eligible dependents capable of seeking employment, petitioner No.2 is entitled to be considered for dependent employment to ensure survival of the family. He also submits that denial by the respondent authorities on the ground that sisters are not eligible under the Company’s Rules, is in total disregard of Article 14 of the Constitution of India.