KANAKLATA Vs. UNION OF INDIA

JUDGEMENT

(1.) ORDER dated 23-02-2006 passed by Sub Area Manager, South Eastern Coal Fields Limited, Bijuri, Sub-Area Hasdeo, is being assailed vide this writ petition, whereby claim for appointment on compassionate ground in lieu of death of Rambharose has been declined on the ground that as per practice adult dependant male member of the deceased employee has the priority right for appointment.

(2.) RAMBHAROSE employed with the respondents-SECL expired on 22-07-2001. Married to one Jamvati, Rambharose had five issues from the marriage, viz., Ashok Lal, Munni Bai, Sangeeta, Santosh and Manbodh. Later two are still minors. Jamvati died on 05-05-1999. It is said that the petitioner subsequently got married to Rambharose. After whose death dispute regarding succession to the corpus of Rambharose got settled in a succession case No. 49/2001 decided on 15-06-2005, whereby the petitioner and the progenies from the wedlock of Rambharose and Jamvati got 1/6th share each. It is on the strength of the succession certificate the petitioner applied for appointment on compassionate ground which was declined by impugned order stating that it is the adult dependant male member who has the priority right for appointment on compassionate ground.

(3.) CLAUSE 9.3.2, 9.3.3, 9.3.4 and 9.5.0 of the NCWA-VI respectively provides for :-