RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the appellant and Mr. A.K. Das, learned counsel appearing for the respondents.

This appeal is directed against the order dated 27.08.2024 passed by the learned Single Judge in W.P.(S) No. 3073 of 2022, whereby and whereunder, the writ application preferred by the writ petitioner/appellant for grant of compassionate appointment to her has been rejected.

The factual aspects of the case reveal that the father of the writ petitioner, namely, Kishun Ram was employed in Sendra, Bansjora Colliery, Sijua Region of M/s. BCCL who died while coming to his duty in a company bus which collided with a goods train in Renguni Railway Crossing on 25.12.1998. The mother of the writ petitioner, namely, Tara Devi was appointed as a Fan Operator, Sendra, Bansjora Colliery, Sijua Region of M/s. BCCL who also had died in harness on 28.12.2019. It is the case of the writ petitioner that she had to look after her ailing mother on account of the sudden demise of her father which led to a difference between her and her husband and finally she had obtained divorce from her husband by mutual consent. In order to be appointed on a compassionate basis, the writ petitioner had made several representations which were sent to the Area Office and finally vide letter bearing reference No. SB/SA/PD/2021/15/733 dated 25.06.2021, the prayer of the writ petitioner for grant of compassionate appointment was rejected on the ground that there is no provision for a divorced daughter of a deceased employee in the National Coal Wage Agreement (NCWA) to be provided with compassionate appointment.

Being aggrieved with such decision of the management of M/s. BCCL, the writ petitioner had preferred W.P.(S) No. 3073 of 2022 which was dismissed on 27.08.2024 and which is the order impugned to the present appeal.

Mr. R.S. Mazumdar, learned senior counsel appearing for the appellant/ writ petitioner has submitted that the entitlement of the writ petitioner to be granted compassionate appointment on account of death of her mother flows from the Implementation Instruction No. 16 which has given a wide amplitude to the definition of a dependent and which includes a daughter irrespective of the marital status. Since the writ petitioner is a divorced lady, the Implementation Instruction No. 16 generates her eligibility to be appointed on compassionate ground in M/s. BCCL. It has therefore been submitted that the learned Single Judge had not considered appropriatly the Implementation Instruction No. 16 while rejecting the claim of the writ petitioner for grant of compassionate appointment.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqAsTUyqlOn%2FYItmfu5RXadwLnNAWrd1CBDD3xZLwEctB&caseno=LPA/533/2024&cCode=1&cino=JHHC010342532024&state_code=7&appFlag=)

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