High Court Of ChhattisgarhWPS/9216/2019disposed off

Smt. Usha Bai v. South Eastern Coalfields Limited

2019-12-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9216 of 2019 Smt. Usha Bai, D/o. Late Sukrit Das, W/o. Narayan Das, Aged About 35 Years, R/o. Village Sarwamangla Nagar, Durpa, Post Durpa, Tehsil Katghora, Police Station Kusmunda, 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 (Mining) Kusmunda Project, South Eastern Coalfields Limited, Post Office Kusmunda Colliery, District Korba, Chhattisgarh.

4. Area Personnel Manager, Kusmunda Project, South Eastern Coalfields Lilmited, Kusmunda Area, Post Office Kusmunda Colliery, District Korba, Chhattisgarh.

5. Deputy Manager (Personnel) Kusmunda Project, South Eastern Coalfield Limited, Kusmunda Area, Post Office Kusmunda Colliery, District Korba, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Gary Mukhopadhyay, Advocate For Respondents :

Mr. Sudhir Kumar Bajpai, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 11.12.2019 Heard

1. The issue involved 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.

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. 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.

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).

Sd/- Goutam Bhaduri Judge Ashok