RUBI SINHA Vs. BHARAT COKING COAL LIMITED (BCCL)

JUDGEMENT

(1.) The petitioner is aggrieved of the decision of the respondent-M/s BCCL under which she has been denied compassionate appointment on the ground that she is a married daughter of the deceased employee.

(2.) Petitioner's father who was employed as Lamp Cleaner under M/s BCCL died in harness on 210.2010. An application for compassionate appointment for the petitioner's brother was submitted which, however, was rejected vide order dated 03.09.2011 on the ground that he was found medically unfit. The petitioner claims that on behalf of the family the deceased employee which comprised her mother, sister and brother, she submitted an application on 06.09.2011 for compassionate appointment to her. This application was followed by the reminder dated 19.12012, however, when no decision was taken on her application she sought response from M/s BCCL through an application filed under RTI.

(3.) Referring to a decision in "Kalyani Kumari Mishra vs. State of Jharkhand and Others,2018 3 JBCJ 166" (HC), the learned counsel for the petitioner contends that the respondent-M/s BCCL cannot discriminate between a son and a daughter of the deceased employee; discrimination in public employment on the basis of sex would be violation of Article 14 and 16 of the Constitution of India.