Sau. Manisha W/O Devendra Deotale (Maiden Name Manisha Babarao Dhengle) v. Western Coalfields Limited, Through Regional Chief Gneral Manager (Western Coalfields Limited),And

2024:BHC-NAG:9915-DB 1 wp1512.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 1512 OF 2018 ( Sau. Manisha w/o Devendra Deotale ..vs.. Western Coalfields Ltd., Yavatmal and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.A. Dhawas, Counsel h/f. Mr. S.M. Nafde, Counsel for the petitioner, Mr. A.M. Ghare, Counsel for the respondents.

CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 03-09-2024 Mr. A. Ghare, learned Counsel appearing for the respondents does not dispute that as of now the married daughter is covered under the policy, in view of the various decisions by this Court. He, however, submits that one such decision has been questioned before the Hon'ble Apex Court in Special Leave Petition (Civil) No.6766 of 2023 and in case the employment is directed to be granted to the married daughter, the same be made subject to the result in the aforesaid Special Leave Petition.

2.

We do not see any reason why this should not be done, considering which, the petition is allowed by directing the respondents to consider the claim of the petitioner, who is

2 wp1512.18 the married daughter of the deceased employee, for grant of employment on compassionate basis, subject to all other requirements of the policy in that regard being fulfilled. It is also made clear that the order of appointment shall contain a clause that it is subject to the decision of the Special Leave Petition No.6766 of 2023.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar