KANCHAN KUMARI Vs. CENTRAL COALFIELDS LIMITED AND ORS.

JUDGEMENT

(1.) The petitioner, daughter of the deceased employee - late Sukhendra Ghasi, is aggrieved of rejection of her claim for compassionate appointment by order dtd. 29/3/2014.

(2.) Stand taken by the respondent - M/s C.C.L is that petitioner's name is not recorded in the service record of the deceased employee and while so, she is not entitled for compassionate appointment.

(3.) To ascertain dependency of an applicant for compassionate appointment following records - service book, gratuity nomination form, CMPF records, LTC/LLTC records and pension records under CMPS 1998 - are examined. It is a matter of record that the controlling authority under the Payment of Gratuity Act, 1972 vide its order dtd. 6/4/2010 has found the petitioner entitled to receive a part of gratuity payable to the deceased employee. On admitted facts, now the petitioner becomes dependant on the deceased employee. In view of order dtd. 6/4/2010 her claim for compassionate appointment cannot be declined on the ground that her name is not recorded in the service records of the deceased employee.