CHHABUTAI Vs. W.C.L.

JUDGEMENT

(1.) Heard Mr. Meghe, learned Counsel for the petitioners and Mr. Ghare, learned Counsel for the respondents.

(2.) The petition questions the communication dtd. 07/11/2017 (page 44(A)) whereby the claim of the petitioner for being granted employment on account of the land of the mother of the petitioner being Survey No.1 admeasuring 1.21 H.R. at Juna Kunada, Tahsil Bhadrawati, District Chandrapur which came to be acquired by way of Notification under Sec. 9 of the Coal Bearing Areas (Acquisition and Development) Act , 1957 (for short "the Coal Bearing Act") dtd. 21/02/2004, has been rejected.

(3.) It is contended that in terms of the policy dtd. 25/08/2000 (page 17), the petitioner was entitled to nominate her daughter who was then unmarried, the marriage have been taken place on 23/03/2004 for the purpose of employment. The judgment of this Court in Writ Petition No.3583/2012 (Ananta Rangnath Awari and ors. Vs. W.C.L. and ors.) decided on 18/12/2012 has been pressed into service. So also the communication dtd. 16/11/2021 by the W.C.L. which includes divorcee daughter in the definition of 'family' has also been pressed into service on account of petitioner No.2 having been divorced by her husband by the Decree of Divorce dtd. 24/08/2016. It is contended that thereafter there is a communication issued by the respondents indicating grant of employment to the persons whose land has been acquired under the aforesaid project by the communication dtd. 09/11/2015 (page 91). It is, therefore, contended that petitioner No.2, in spite of the fact that she has received monetary compensation against the package of employment in lieu of the claim for employment having deposited the amount in this Court to show her bonafides in pursuance to the order dtd. 31/03/2023, is entitled to be appointed under the policy.