RAMKELI Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Correctness and sustainability of order dated 09.12.2020 passed in Writ Petition (S) No.5129 of 2020 by the learned Single Judge is put to challenge in this appeal.

(2.) Facts relevant for disposal of this appeal are that, Genduram father of appellant, was an employee of respondents. He died in harness on 24.11.2020. After death of Genduram, his widow i.e. mother of appellant submitted an application for dependent employment, subsequently, an application with request for dependent employment of appellant has been made. Application for dependent employment of appellant came to be rejected on 19.12.2011. The reason assigned for rejection of application for dependent employment of the appellant was that she was a married daughter of Late Genduram (deceased employee) and as per National Coal Wage Agreement (for short 'NCWA'), married daughters were not included as one of the dependents for consideration of dependent employment.

(3.) Aggrieved by rejection of application for dependent employment by the respondents, appellant has approached this Court by filing Writ Petition (S) No.3092 of 2013. During the pendency of writ petition, another writ petition was filed by one Asha Pandey claiming similar relief. Case of Asha Pandey was considered and decided in Writ Petition (S) No.4994 of 2015 vide order dated 15.03.2016 in favour of petitioner therein (married daughter) for consideration of her case for grant of dependent employment. Writ Appeal No.246 of 2016 was filed against the order dated 15.03.2016 by the respondents, which came to be dismissed on 03.09.2019. Writ Petition (S) No.3092 of 2013 filed by the writ petitioner/appellant herein came up for hearing on 10.12.2019 whereby learned Single Judge taking into consideration the order passed in Writ Appeal No.246 of 2016 dated 03.09.2019, allowed the writ petition in terms of order passed in Writ Appeal No.246 of 2016 and directed the respondents to reconsider the claim of the petitioner for dependent employment subject to fulfillment of other requirements entitled for dependent employment in terms of the provisions of law governing the field. Respondents in pursuance to order passed in Writ Petition (S) No.3092 of 2013 reconsidered the candidature of appellant for dependent employment and rejected the candidature of appellant on the ground that appellant has crossed the maximum age limit prescribed under the NCWA for dependent employment of female. This made the appellant/writ petitioner to approach this Court by filing Writ Petition (S) No.5129 of 2020 challenging the letter of rejection of candidature on the ground of overage, with following reliefs :