NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPS No. 591 of 2021

1. Smt. Sahodri Gond W/o Late Pran Singh Aged About 57 Years R/o Hiragir

Dafai Haldibadi, Chirmiri, Tehsil- Khadgawa, District- Koriya (Chhattisgarh),

District : Koriya (Baikunthpur), Chhattisgarh

2. Durga Singh D/o Late Pran Singh Aged About 26 Years R/o Hiragir Dafai

Haldibadi, Chirmiri, Tehsil- Khadgawa, District- Koriya (Chhattisgarh), District :

Koriya (Baikunthpur), Chhattisgarh

---- Petitioners

Versus

1. South Eastern Coalfields Limited Through Chairman-Cum-Managing Director,

South Eastern Coalfields Limited, Head Quarter, Seepat Road, Sarkanda,

District- Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

2. Sub Area Manager South Eastern Coalfields Limited, Charcha Mine R.O., Post-

Charcha Colliery, District- Koriya (Chhattisgarh), District : Koriya (Baikunthpur),

Chhattisgarh

3. Area Personnel Manager South Eastern Coalfields Limited, Baikunthpur Area,

District- Koriya (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh

4. Deputy Manager (Personnel) Charcha Mine, R.O. Post- Charcha Colliery,

District- Koriya (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh

---- Respondents

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For petitioners

:

Mr. Chandresh Shrivastava, Advocate

For Respondent

:

Mr. Sudhir Kumar Bajpai, Advocate.

Hon'ble Shri Justice Narendra Kumar Vyas.

Order on Board

(09-09-2022)

1. The application of the petitioner No.1 for grant of compassionate

appointment has been rejected by the respondents vide order dated 14-

7-2020 on the ground that as per Social Security Scheme of National

Coal Wage Agreement the dependent sister is not entitled to get

dependent employment and accordingly it has been rejected.

2. Learned counsel for the petitioners would submit that the reason

assigned by the SECL has also been considered and examined by the

Co-ordinate Bench of this Court in WPS No.3899 of 2016 (Nutan

2

Khushbu Singh vs. SECL and others) decided on 13-7-2017 wherein

Co-ordinate Bench of this court has held in para 5 which reads as

under.

“5. In Writ Appeal (WA No. 562 dof 2016), Coal

India Ltd., and others vs. Miss Himshikha

Mallick) filed against the decision of Miss

Himshikha Mallack (supra), Writ Appellate

Court also observed thus:

12. “The Apex Court has clearly held that there

cannot be any discrimination solely on the

ground of gender. As far as the present case

is concerned, no ground other than the ground

of gender has been pointed out in the stand of

Coal India to justify its stand that only legally

adopted male children are entitled to

compassionate appointment. No reason has

been given why legally adopted female

children are not given the same benefit. We

are, therefore, clearly of the view that this part/

clause of the agreement is violative of Article

14 of the Constitution of India because

discrimination has been made only on the

basis of gender while denying the women the

right to employment.

13. In a country where the female is

worshipped as “Shakti” it is indeed a sad state

of affairs that when it comes to providing jobs,

we are not willing to provide employment to

women. In temples we prostrate before the

female form while praying for benefits for

ourselves. If we are ready to bow down

before the female idols to get benefit for

ourselves, why should women not have some

rights as men in real life. When we actually

deal with women, what to talk of worship;png

them like “Devis” we are not even willing to

give them the same benefits, which we are

giving to other persons in society”.

3. Against that, writ appeal was filed by the SECL before this court being

WA No. 393 of 2017 and the said appeal has also been dismissed by

the Hon’ble Division Bench of this Court vide order dated 9-11-2017

wherein