Chattisgarh High Court
Coal India Ltd Through Its Chairman vs Smt. Asha Pandey on 16 June, 2016
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WA No.246 of 2016
Coal India Ltd. and others Versus Smt. Asha Pandey
16/06/2016 Dr. N. K. Shukla, Senior counsel with Shri Vinod
Deshmukh, counsel for the appellants.
Shri Ajay Shrivastava, counsel for the respondent.
Heard.
This appeal is directed against the order passed by the learned Single Judge in WPS No.4994/2015. It is barred by 4 days for which prayer for condonation of delay has been made in I.A. No.1/2016.
On due consideration and being satisfied with the bonafide explanation offered therein, the delay in filing the appeal is condoned.
Heard on admission.
Learned Senior counsel would submit that the compassionate appointment is an exception to the ordinary mode of recruitment, therefore, it cannot be claimed as a matter of right. The married daughters are a class in themselves, therefore, exclusion of married daughters has reasonable basis with the object sought to be achieved, because usually married daughters reside away and are not dependent on the deceased employee. Dependency of the person concerned on the deceased employee being one of the important factors for consideration of the candidature for grant of compassionate appointment, the exclusion of married daughters is not per se illegal or arbitrary.
He would submit that in some legislations like the Chhattisgarh Ceiling On Agricultural Holdings Act, 1960, married daughters have been excluded from consideration by not allotting them shares in calculation of the extent of land, which is sought to be retained by the family.
Issue notice to the respondent.
Shri Ajay Shrivastava, learned counsel would appear and accept notice for the respondent, therefore, process fee need not be paid.
List it for consideration in the week commencing 18.07.2016.
Sd/- Sd/-
Judge Judge
Prashant Kumar Mishra Chandra Bhushan Bajpai
Nirala