Maharmaniya v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 386 of 2017

1. Maharmaniya W/o Late Daulat Singh Aged About 54 Years R/o Near Ram Mandir, Ward No. 2, Bazar Dafai, Rajnagar, Post Rajnagar, Police Station- Ramnagar, Tahsil- Kotma, District- Anuppur, Madhya Pradesh

2. Durgawati Singh W/o Surya Kumar Singh Aged About 34 Years D/o Late Daulat Singh, R/o Near Ram Mandir, Ward No. 2, Bazar Dafai, Rajnagar, Post Rajnagar, Police Station- Ramnagar, Tahsil- Kotma, District- Anuppur, Madhya Pradesh ---- Petitioner

Versus

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

2. Director Personnel, South Eastern Coalfields Limited, Head Quarter, Seepat Raod, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

3. Sub Area Manager, South Eastern Coalfields Limited, Rajnagar, R.O.Sub Area, Hasdeo Area, P.O.- Rajnagar Colliery, District- Anuppur, Madhya Pradesh, District : Anuppur, Madhya Pradesh

4. Senior Manager Personnel, Rajnagar R.O. Sub Area, Hasdeo Area, P.O.- Rajnagar Colliery, District- Anuppur, Madhya Pradesh, District : Anuppur, Madhya Pradesh ---- Respondents For Petitioner :

Mr. Chandresh Shrivastava, Advocate For Respondents :

Mr. Shailendra Shukla, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 17.09.2020

1. The issue involved in this petition is about the dismissal of the application of the petitioner No. 2 for compassionate appointment by order dated 25.12.2016 (Annexure P-1) on the ground that petitioner No. 2 is married daughter of the deceased employee.

2. 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.

3. Learned counsel for Respondents also submit that they will consider the application of petitioner No. 2 in the light of order passed in the case of Smt. Asha Pandey (Supra).

4. Accordingly, this petition is finally disposed off with a direction to the respondents to consider the petitioner's claim in the light of order passed in the case of Smt. Asha Pandey (Supra) within a further period of 3 months from the date of receipt of a copy of this order.

Sd/- (Goutam Bhaduri) Judge Jyoti