NEELU Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

(2.) Brief facts of the case as projected by the petitioner are that, the father-in-law of the petitioner namely Late Vifal Ram was an regular and permanent employee of the respondents and his designation was D.C. Driller in the respondent Department. Working in such capacity, he was died on 16/9/2009, further the son of the late Vifal Ram namely Late Anjoy Say is died earlier on 16/10/2007, hence the petitioner is being the daughter-in-law is legally entitled to get compassionate appointment, hence applied for the compassionate appointment before the respondent authorities.

(3.) The wife of Late Vifal Ram is having the age of 56 years and not able to do labour work, hence she has given her No Objection Certificate in favour of the petitioner, hence the petitioner is only the legal heir of Late Vifal Ram. During the course of civil suit, the respondent no. 1 to 3 had filed their reply before the Civil Judge, Class-I, Chirmiri, District Koriya and stated that as per National Coal Wage Agreement Chapter No.9, Clause No. 9.3.3, it is provided that the real dependent upon the deceased is wife and not the daughter-in-law. Daughter-in-law not comes within the ambit of dependent and as per definition, the petitioner is indirectly dependent upon the deceased late Vifal Ram, hence she is not entitled to get compassionate appointment. It is further stated that the wife of late Vifal Ram is entitled to get monetary compensation till the age of 60, hence the petitioner cannot be awarded compassionate appointment and accordingly her application/suit claim for grant of compensation had been dismissed. The Court came to the conclusion that such jurisdiction has not awarded to the Court, hence the suit has been dismissed stating that for a compassionate appointment or issue direction to grant of compassionate appointment is not within the jurisdiction of the said Court, hence the suit has been dismissed.