Madhya Pradesh High Court
Smt. Premshila Devi vs The Chairman Cum Managing Director on 27 June, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 27th OF JUNE, 2022
WRIT PETITION No. 17283 of 2021
Between:-
1. SMT. PREMSHILA DEVI W/O LATE LALJI
PRASAD, AGED ABOUT 53 YEARS, OCCUPATION:
HOUSE WIFE R/O QRT. MQ-50, SECTOR-A
DUDHICHUA P.S. VINDHYANAGAR TAH. AND
DISTT. SINGRAULI (MADHYA PRADESH).
2. KU. SEEMA D/O LATE LALJI PRASAD W/O
RAJKUMAR, AGED ABOUT 29 YEARS, R/O
QUARTER NO. MQ 50 SECTOR-A, DUDHICHUA
PS VINDHYANAGAR, TAHSIL AND DISTRICT
SINGRAULI (MADHYA PRADESH).
.....PETITIONERS
(BY MRS. SUDHA GAUTAM, ADVOCATE)
AND
1. THE CHAIRMAN CUM MANAGING DIRECTOR,
NORTHERN COALFIELDS LTD., DISTT.
SINGRAULI (MADHYA PRADESH).
2. CHIEF GENERAL MANAGER, DUDHICHUA,
NORTHERN COAL FIELD LTD. DISTT.
SINGRAULI (MADHYA PRADESH).
3. THE PERSONNEL MANAGER, NORTHERN COAL
FIELD LTD. DUDHICHUA PROJECT DISTT.
SINGRAULI (MADHYA PRADESH).
4. ASSISTANT MANAGER PERSONNEL
DEPARTMENT, NORTHERN COAL FIELD LTD.
DUDHICHUA PROJECT DISTT. SINGRAULI
(MADHYA PRADESH).
5. STAFF OFFICER (KARMIK), NORTHERN COAL
FIELD LTD., DUDHICHUA AREA POST KHADIA,
Signature Not
SAN
Verified DISTRICT SONBHADRA (UTTAR PRADESH)
Digitally signed by
VINOD KUMAR .....RESPONDENTS
TIWARI
Date: 2022.07.01
10:41:36 IST
2
(BY SHRI GREESHM JAIN, ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners have filed this petition under Article 226 of the Constitution of India challenging order dated 18.08.2021 passed by respondent No.5.
By impugned order, respondent authorities refused to consider application of petitioners for grant of compassionate appointment. As per Standard Operating Procedure, dependent includes wife, husband, unmarried daughter, son and legally adopted son. If such dependents are not available for employment then case of brother, widow daughter, widow daughter-in-law and son-in-law residing with deceased employee and wholly dependent on earnings of employee may be considered. Petitioners were advised to apply for monthly compensation.
Petitioners have challenged aforesaid order on ground that same is contrary to law laid down by this Court in W.P. No. 13651/2016 (Savitri Kumari vs The Chairman/Managing Director and others). In said case, learned Single Judge relied on judgment passed by Full Bench in W.A. No. 756/2019 (Meenakshi Dubey vs M.P. Poorva Kshetra Vidyut Vitran Company Limited and others), wherein it was held that non consideration of married daughter for compassionate appointment is contrary to Articles 14, 15, 16 and 39A of the Constitution of India. Non consideration of married daughter is discriminatory on grounds of violation of human rights. Depriving married women from consideration for grant of compassionate appointment violates Signature SAN Not rights of equality. Relying on such grounds, learned Single Judge allowed the Verified Digitally signed by writ petition and directed the authorities to consider the case of married VINOD KUMAR TIWARI Date: 2022.07.01 10:41:36 IST 3 daughter for grant of compassionate appointment.
Respondents opposed the writ petition and relied on judgments of Apex Court passed in case of Director of Treasuries in Karnataka and another v. V. Somyashree, AIR 2021 SC 5620 and Secretary to Govt. Department of Education (Primary) and others v. Bheemesh alias Bheemappa, AIR 2022 SC 402. On Strength of aforesaid judgments it was argued that as per policy of respondents, married daughter is not to be considered for compassionate appointment. Respondents cannot be directed to consider the case of married daughter for compassionate appointment contrary to the policy. Respondents are the employer and they are free to formulate policy for grant of compassionate appointment. Compassionate appointment is granted to legal heirs of deceased considering their poor financial position for purposes of their sustenance. Financial position of deceased Government servant and his dependence is key consideration for grant of compassionate appointment. According to policy, only dependent legal heirs of deceased employee are considered for grant of compassionate appointment. Consideration of married daughter divorced from facts of financial status and their dependence on deceased will lead to failure of very purpose for grant of compassionate appointment. Compassionate appointment is not a right. In view of same, respondent authorities had rightly denied consideration of case of petitioners for grant of compassionate appointment.
Heard the counsel for the parties.
Judgments relied upon by respondents are in respect whether scheme in force on date of death of employee or scheme in force on date of consideration Signature SAN Not Verified of application will be applicable and not in respect of non-consideration of Digitally signed by VINOD KUMAR TIWARI application of married daughter.
Date: 2022.07.01 10:41:36 IST 4As per the Constitution of India, there cannot be any gender discrimination. Women are to be given equality of opportunity in services with men. Respondents cannot deprive petitioner from consideration of her case for grant of compassionate appointment. Consideration of case of married daughter does not mean that other policy guidelines regarding poor financial status and complete dependence on deceased employee is not to be considered. If married daughter fulfills all the conditions which are mentioned in policy guidelines of compassionate appointment then she has to be considered equally alongwith other dependents. Case of petitioner is covered by judgment of Full Bench in case of Meenakshi Dubey (supra).
In view of aforesaid facts and circumstances of the case, impugned order dated 18.08.2021 passed by respondent No. 5 is set aside. Respondent No. 5 is directed to consider the case of petitioners alongwith other dependents for grant of compassionate appointment. If petitioners are found eligible and meet all the policy conditions of respondent authorities for grant of compassionate appointment.
With aforesaid direction, writ petition is disposed off. C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
vkt
Signature
SAN Not
Verified
Digitally signed by
VINOD KUMAR
TIWARI
Date: 2022.07.01
10:41:36 IST