Case Note & Summary
The petitioners, including Mrs. Tanuja (married daughter of the deceased employee) and other family members, challenged a communication dated 10/04/2025 issued by respondent No.4 (Western Coalfields Ltd.) rejecting the application for compassionate employment on the ground that the applicant was a married daughter. The High Court of Bombay at Nagpur, in Writ Petition No. 3108 of 2025, heard the matter. The court noted that the issue was no longer res integra, citing the case of Asha Pandey v. Coal India Ltd. (2016 SCC On-Line Chh 2408) and a Division Bench order in Mandakini Vithoba Pole v. Western Coalfields Ltd. (Writ Petition No.3764/2023). The respondents opposed the petition, arguing that the policy framed by WCL did not allow compassionate appointment to married daughters. However, the court found that the rejection was contrary to established precedent and discriminatory. The court allowed the petition, quashed the impugned communication, and directed the respondents to consider the application for compassionate appointment afresh in light of the cited judgments. The court also ordered that the decision be made within four weeks from the date of the order.
Headnote
A) Service Law - Compassionate Appointment - Married Daughter - Entitlement - The court considered whether a married daughter is eligible for compassionate appointment under the Coal India Ltd. policy. The court held that rejection on the ground of marriage is discriminatory and contrary to precedent, relying on Asha Pandey v. Coal India Ltd. and Mandakini Vithoba Pole v. Western Coalfields Ltd. (Paras 3-4).
Issue of Consideration
Whether a married daughter is entitled to compassionate appointment under the Coal India Ltd. policy, and whether rejection on the ground of marriage is valid.
Final Decision
The petition is allowed. The impugned communication dated 10/04/2025 is quashed and set aside. The respondents are directed to consider the application for compassionate appointment afresh in light of the judgments in Asha Pandey and Mandakini Vithoba Pole, and pass a reasoned order within four weeks.
Law Points
- Compassionate appointment
- married daughter
- discrimination
- policy interpretation
- precedent binding
