Rameshwari, v. South Eastern Coalfied Ltd.,

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 1149 OF 2021 Rameshwari, W/o Dikleshwar Prasad, aged about 30 years R/o Ward No.13, Mahuwa Dafai, Haldbadi, Thana Chirimiri, District Korea (CG) ... Petitioner versus 1.

South Eastern Coalfield Ltd., through its Chairman cum Managing Director, Seepat Road, Bilaspur, District Bilaspur (CG) 2.

General Manager, South Eastern Coalfield Ltd., Chirimiri Area, Malviya Nagar, Chirimiri, District Korea (CG) 3.

Sub/Deputy Area Manager, South Eastern Coalfield Ltd., Charcha Colliery, N.C.P.H. Area, Chirimiri, District Korea (CG) 4.

Deputy Chief Personal Manager, South Eastern Coalfield Ltd., Chirimiri Area, Malviya Nagar, Chirimiri, District Korea (CG) ... Respondents For Petitioner :

Mr. Waquar Naiyer, Advocate.

For Respondents :

Mr. Vinod Kumar Deshmukh, Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board /03/2021 1.

The dispute in the present Writ Petition is in respect of dependant employment on account of death of Father of Petitioner, namely Raghuveer Singh who died in harness on 18.7.2016.

2.

Subsequent to the death of deceased employee, the present Petitioner who is the married daughter of deceased employee, has applied for dependant employment on the ground that she was dependent on the income of deceased employee as her husband does not have any source of income as has been pleaded.

3.

From the pleadings, it also reflects that the wife of deceased employee, that is the Mother of Petitioner, has also given consent to the Management as regards her No Objection to giving employment to Petitioner. 4.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that the case of Petitioner needs to be considered in the light of recent developments where there are judicial pronouncements to the effect that the even the married daughter of deceased employee can be considered for grant of dependant employment subject to her fulfilling other eligibility criterias for dependant employment.

5.

Given the said facts, keeping aside the objection of Petitioner being a married daughter, the matter is disposed of directing the Respondents to consider the claim of Petitioner for dependant employment in accordance with the scheme of dependant employment applicable in the Department, after due verification of eligibility criterias, except for the ground of Petitioner being a married daughter of deceased employee. Let appropriate decision in this regard be taken by the Department at the earliest, preferably within a period of 90 days from the date of receipt of copy of this order.

6.

Writ Petition accordingly stands disposed of with the aforesaid direction. Sd/- (P. Sam Koshy) /sharad/ JUDGE