UTTAM DEVI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner, claiming a legal right to seek compassionate appointment after her husband was declared medically unfit on 15.01.2013, has approached this Court.

(2.) Petitioner's husband was appointed as Sweeper in the year, 1979 (date not specified and in the counter-affidavit this is not challenged by the respondents) at B.K. Karo Colliery, Bokaro. When he refused to maintain the petitioner and his two daughters namely, Sumitra Kumari and Puja Kumari born from the wedlock with the petitioner, a case under section 125 of the Code of Criminal Procedure was filed vide M.P. Case No.75 of 1990. By an order dated 07.09.1991 her husband was directed to pay maintenance to the petitioner and her two daughters. This order was challenged and the maintenance was enhanced to Rs.2,000/- per month. After her husband was declared medically unfit, the petitioner submitted an application on 27.05.2013 seeking compassionate appointment as provided under the National Coal Wage Agreement. It appears that one Suraj Deo Dom @ Surajdeo Kumar Rai who was born from 2nd marriage of the employee has also submitted an application for compassionate appointment. In view of this dispute, the respondents did not take a decision in the matter.

(3.) Contending that the petitioner would have first right to claim compassionate appointment, Mr. Pratyush Kumar, the learned counsel for the petitioner submits that merely because the children born from the 2nd wedlock are entitled to claim share in the property, they cannot stake a claim for compassionate appointment as a matter of right.