High Court Of ChhattisgarhWPS/2508/2020disposed off

Bisahin Bai v. South Eastern Coalfields Limited

2020-06-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2508 of 2020 • Bisahin Bai D/o Late Dubraj Singh Aged About 34 Years W/o Rameshwar Singh, R/o Village Sirki Khurdu, Post - Chainpur, Tehsil Katghora, District Korba Chhattisgarh ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through Chairman Cum Managing Director, South Eastern Coalfields Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh

2. General Manager (Personnel / Mp), South Eastern Coalfields Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh

3. General Manager Dipka Area, South Eastern Coalfields Limited, P.O. Dipka, District Korba Chhattisgarh

4. Area Personnel Manager Dipka Area, South Eastern Coalfields Limited, Dipka Area, P.O. Dipka, District Korba Chhattisgarh ---- Respondents For Petitioner :

Shri Chandresh Shrivastava, Advocate For Respondents :

Shri S.K. Bajpai, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 30/06/20

1. Heard.

2. The issue involved in the present writ petition is about the dismissal of the application of the petitioner for compassionate appointment on the ground that the petitioner is married daughter of the deceased employee.

3. Learned counsel for petitioner submits that the issue involved in this petition is

squarely covered by order dated 15-03-2016 (Annexure P-12) passed by the coordinate Bench of this Court in WPS No.4994 of 2015 (Smt. Asha Pandey vs. Coal India Ltd. and others), wherein it has been held that there cannot be any discrimination against married daughter in the matter of consideration for grant of compassionate appointment.

4. The only operative reason for rejection of petitioner's application for grant of compassionate appointment is that the petitioner happens to be a married daughter. In view of order, which has been passed by this Court, the petitioner's claim could not have been rejected on this ground.

5. Accordingly, the order dated 06.05.2020 (Annexure P-1) is set aside. The respondents are directed to consider the claim of the petitioner in the light of order passed in the case of Smt. Asha Pandey (Supra) within a period of 4 months from the date of receipt of this order.

6. With the aforesaid observation, the writ petition stands disposed of. SD/Sd/- Goutam Bhaduri Judge Ashu