SONA MUNI Vs. CENTRAL COAL FIELDS LIMITED

JUDGEMENT

(1.) In the light of the queries raised by this Court in its order dated 08.02.2010, the petitioner has filed the supplementary affidavit declaring therein that she is still unmarried.

(2.) Learned counsel for the petitioner submits that this being the marital status of the petitioner, the respondents are bound therefore to abide by the assurances given under the scheme for compassionate appointment, as envisaged in N.C.W. Agreement. Learned counsel explains further that the earlier stand of the respondents refusing the petitioner's claim on the ground that her name does not find place in the service records of the deceased employee, cannot be accepted in view of the fact that the petitioner has obtained a succession certificate from a competent court of law which would declare that the petitioner is the daughter of the deceased employee and as per her written declaration on affidavit, she is still unmarried.

(3.) In the light of the above facts and circumstances, the impugned order dated 24/27.09.2001 (Annexure-4) is hereby set aside. The matter is remanded to the concerned authorities of the respondents to reconsider the petitioner's claim for compassionate appointment in the light of the declarations made by her in the supplementary affidavit regarding her marital status and also in the light of the succession certificate issued to her by the competent court. The decision on the petitioner's prayer for compassionate appointment should be taken by the concerned authorities of the respondents within a period of three months from the date of this order and shall be communicated effectively to the petitioner. With these observations, this writ application is disposed of at the stage of admission.