ANUPAL Vs. WESTERN COALFIELDS LTD.

JUDGEMENT

(1.) The petitioner has filed the present petition for the following relief:-

(2.) It is submitted by the learned counsel for the petitioner that the petitioner had applied for compassionate appointment vide applications dtd. 28/2/2018 (Annexure P/2) and 21/10/2023 (Annexure P/5) due to untimely death of her mother Mula Devi, who died on 7/11/2017.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is an unmarried daughter of the deceased employee of the respondent company, who died in harness. Therefore, as per Clause 9.3.3 of the policy i.e. National Coal Wages Agreement (NCWA), which was in vogue at the time of death of the deceased and made applicable in the present case in hand, deprives the married daughter from consideration for the compassionate appointment. It is submitted that the Full Bench of this Court in W.A. No. 756/2019 - Meenakshi Dubey vs. M.P. Poorva Kshetra Vidyut Vitran Com. Ltd. and others decided on 2/3/2020, in similar circumstances where the married daughters were also deprived of the right to be considered for compassionate appointment by virtue of State's policy, has held that such condition in the policy is violative of Article 14 of the Constitution of India and struck off the condition. On the basis, prayed that the policy of the respondents, which contains the discrimination against the married daughter, deserves to be dealt in the light of the principles laid down by the Division Bench of this Court and accordingly prayed for quashment of the order dtd. 4/10/2023 (Annexure P/1) by which the respondents have rejected the application of the petitioner for compassionate appointment on the ground that she is a married daughter of the deceased employee.