SHAKILA BEGUM Vs. NORTHERN COAL FIELD LIMITED

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India, challenging the order dtd. 9/7/2021 (Annexure P/1), whereby the claim of the petitioner for grant of compassionate appointment has been rejected by the respondents on the ground that there is no provision in the respondent-establishment to grant compassionate appointment to a married daughter.

(2.) Brief facts leading to filing of this petition are that father of the petitioner late Shri Abdul Latif Siddiqui, who was working on the post of Dumper Operator (hereinafter referred to as the 'workman'), died in the year 2008 while in service. Thereafter, elder son of the workman namely Mohammad Sajid Siddiqui was granted compassionate appointment in the year, 2009 on the post of General Majdoor. Unfortunately, Mohammad Sajid Siddiqui also died in a road accident. After the death of Mohammad Sajid Siddiqui, younger son of workman namely Shri Zakir Siddiqui was granted appointment on compassionate basis on the post of General Majdoor Category-1 vide order dtd. 1/11/2016. The workman has two sons and one daughter alongwith wife in his family. After the death of father and elder brother, Zakir Siddiqui was taking care of the family as he was granted compassionate appointment by the respondents. Unfortunately, he also died. Thereafter, the wife of the workman submitted a representation to the authorities to grant compassionate appointment to the only surviving child i.e. petitioner No.2 Ku. Sulekha Siddiqui. The application was rejected vide order dtd. 9/7/2021 on the ground that Clause 9.3.0 of the National Coal Wage Agreement (NCWA) forbids grant of compassionate appointment to a daughter, and therefore, the same cannot be granted.

(3.) Being aggrieved by the said order, the petition has been filed seeking quashment of the order and also the provisions of the Policy of the respondent-establishment under which Clause 9.3.3 prohibiting the married daughter from the benefit of grant of compassionate appointment.