SAHJADI KHATOON Vs. M/S CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) In this application the petitioner has prayed for quashing the letter dated 21.06.2011 by which the claim of the petitioner for compassionate appointment had been rejected. The father of the petitioner namely Md. Hafiz was an employee of Central Coalfields Limited working as a Welder in Saunda 'D' colliery and in course of his employment he had died on 07.03.2009. The son of deceased -employee namely Md. Salim had filed an application for compassionate appointment on 13.03.2009 but the applicant also died on 07.05.2009. The petitioner being a divorcee lady and the daughter of the deceased -employee and since the mother of the petitioner was wholly dependent on her as such she had filed an application for grant of compassionate appointment. Since no action was being taken by the respondents, a writ application was filed being W.P(S) No. 977 of 2011 which was, however, dismissed as withdrawn. Subsequently, the mother of the petitioner filed another writ application being W.P.(S) No. 294 of 2013 which was also withdrawn. In the meantime, the respondents had intimated the mother of the petitioner for claiming monetary compensation. The claim of the petitioner was rejected vide letter dated 21.06.2011 on the ground that there is no provision for giving employment to the divorcee daughter of the deceased -employee and which is under challenge in the present writ application.

(2.) Heard Mr. Nand Kishore Pd. Sinha, learned counsel appearing for the petitioner and Mr. Ananda Sen, learned counsel for the respondents.

(3.) It has been submitted by the learned counsel for the petitioner that the petitioner is entitled to be granted compassionate appointment in view of the fact that the mother of the petitioner is wholly dependent upon her. It has also been submitted that there is no one in the family to look after the wife of the deceased -employee save and except the petitioner as such instead of monetary compensation, the petitioner is entitled to be provided with compassionate appointment.