Order On Board

15/02/2024

1. The instant petition has been preferred by the Petitioner being aggrieved with the order dated 04.12.2020 whereby, the application for grant of compassionate appointment has been rejected by the Respondents only on the ground that the Petitioner is adopted daughter of deceased/employee Smt.

Sevaki Bai.

2. Learned counsel appearing for the petitioner submits that the Petitioner is adopted daughter of deceased/employee Sevaki Bai. After the death of Sevaki Bai's husband namely Radheshaym, Sevaki Bai has adopted the Petitioner by executing an adoption deed in the year 2015. A suit for declaration has also been filed being Civil Suit No.30-A/2015 before the First Civil Judge Class-1 Korba. Vide judgment and decree dated 31.03.2016, the Petitioner was also declared adopted daughter of Sevaki Bai. Thereafter, her name was also registered in service book of deceased/employee. After the death of deceased/employee, an application for grant of compassionate appointment has been preferred by the Petitioner which has been rejected by the Respondents only on the ground that she is an adopted daughter of deceased/employee Smt.

Sevaki Bai.

3. Learned counsel appearing for the petitioner further submits that this issue has already been settled by Coordinate Bench of this court in Writ Petition (S) No.4759/2014 (Miss Hamshikha Mallick Vs. Coal India Ltd. and others) decided on 17.06.2016. Therefore, it is prayed that in light of Miss Hamshikha Mallick (Supra), The Respondents may be directed to consider the case of the Petitioner and they may also be directed to pass necessary orders within any stipulated period which may be fixed by this Court.

4. Learned Counsel appearing for the Respondents submits that as contained in Clause 9.3.3 of NCWA, the claim of the Petitioner was rightly rejected.

5. I have heard learned Counsel appearing for the parties, perused the impugned order, gone through the Clause 9.3.3 of NCWA and also the judgment Miss Hamshikha Mallick (Supra).

6. Clause 9.3.3 of NCWA reads as under:-

“The dependent for this means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependent is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with deceased and almost wholly dependent on the earnings of the deceased may be considered to be the dependent of the deceased.”

7. As per the Clause 9.3.3 of NCWA, adopted daughter is not entitled for any compassionate appointment but, this matter has already been dealt by Co-ordinate Bench of this Court in case of Miss Hamshikha Mallick (Supra). Dealing with the issue, it has been held by the Co-ordinate Bench of this Court in paragraph

27 which reads as under:-

“27. In the light of aforesaid decisions constitutional principles, exclusion of an adopted daughter like the petitioner in the present case from consideration for appointment on compassionate basis while at the same time including an adopted son as one of the dependents eligible for compassionate appointment, is based solely on gender discrimination and no other constitutionally permissible basis of classification. In other words, the classification is not based on any rational integra having reasonable nexus with the object sought to be achieved. In the matter of compassionate appointment, obviously, the object is to protect against financial stress, dependent of the deceased employee. If that is the object, exclusion only on the ground of petitioner being an adopted daughter is not only based on unreasonable classification but otherwise violative of Article 14 and 16 of the constitution of India which prohibits discrimination only on the ground of sex.”

8. In light of above observation made by this Court in case of Miss Hamshikha Mallick (Supra), the Petitioner herein is also entitled to get compassionate appointment.

9. Accordingly, impugned order dated 04.12.2020 (Annexure P-1) is set-

aside. The Respondents are direct