RAVI SHANKAR PRASAD Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) BY Court - A writ petition being W.P.(S) No.301 of 2013 was filed seeking compassionate appointment for the appellant being the nephew of the deceased, namely, Nageshwar Nishad. The writ petition was dismissed by the impugned order dated 11.11.2013 and, therefore, the appellant has preferred the present Letters Patent Appeal.

(2.) THE learned counsel appearing for the appellant relying on Clause 9.3.3 of NCWA -IX submitted that National Coal Wage Agreement is a tripartite agreement entered between the Management of the Coal Company, the representative of the employees' Union and Central Government for the benefit of the employees whereunder even the son -in -law of a deceased employee has been granted benefit of compassionate appointment; whereas the claim of the appellant, who is the nephew of the deceased employee and who was wholly dependent on the earnings of the deceased employee - Nageshwar Nishad, has wrongly been rejected by the respondent - Bharat Coking Coal Limited. It is submitted that the Scheme under Clause 9.3.3. of NCWA -IX is to provide support to the family members of the deceased employee and to ward off the immediate distress that family would be facing after the death of the deceased employee. It is further submitted that the appellant was wholly dependent on his paternal uncle, is not denied by the respondents and since a person who would not be a member of the deceased employee's family has been made entitled for grant of compassionate appointment, the claim of the appellant for compassionate appointment in place of his deceased paternal uncle could not have been rejected by the respondent - Bharat Coking Coal Limited.

(3.) AS against the above, Mr.Ananda Sen, learned counsel appearing for Bharat Coking Coal Limited, has contended that the scheme of compassionate appointment is itself an exception to normal rule of public employment as conceived under Article 14 and 16 of the Constitution of India. The Scheme as such is to be interpreted and nothing can be added in the Scheme for compassionate appointment by the Court in exercise of jurisdiction under Article 226 of the Constitution of India. It is further submitted that it has been specifically mentioned in Clause 9.3.3 of NCWA -IX that in case of death of deceased employee only unmarried daughter, son and legally adopted son would be entitled for compassionate appointment in the first place. However, it has further been provided that a category of persons viz. the brother, widowed daughter/widowed daughter -in -law or son -in -law residing with the deceased and wholly dependent on the earning of the deceased, can also be considered as dependent of the deceased and they also have been made entitled for compassionate appointment, in case unmarried daughter, son and legally adopted son of the deceased employee is not available for the employment.