IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 382 of 2025 ----- Reshma Aloklata Soren @ Reshma Aloklata Tudu, W/o Late Bablu Tudu, D/o Menasi Soren, R/o Village- Karharbil, Ram Ratan Singh Road, P.O.- Shiv Pahar, P.S. Dumka Town, Dist.- Dumka ------ Petitioner(s) Versus 1.Bharat Coking Coal Ltd. (in short M/s BCCL) through its Chairman cum Managing Director having Headquarter at Koyla Nagar, P.O. & P.S. Saraidhela, Dhanbad 2.General Manager, Lodna Area No.-X of M/s BCCL, P.O- Bhaga, P.S.- Jharia, Dist- Dhanbad 3.Personnel Manager, Lodna Colliery now Amalgamated Joyrampur Colliery, Lodna Area No.-X of M/s BCCL, P.O.- Bhaga, P.S.- Jharia, Dist- Dhanbad ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ajay Kumar Singh, Advocate For the Respondent(s) : Mr. Amit Kumar Sinha, Advocate …...... 05 / 28.01.2025: Petitioner prays to quash annexure-6, which is an order dated 05.08.2024 by which the prayer for grant of monetary compensation to the petitioner and to keep one of the minor daughters of the petitioner in the live roster stood rejected. 2. The facts are undisputed. The husband of the petitioner, Bablu Tudu died in harness while working in Bharat Coking Coal Limited on 27.06.2018. The deceased left behind this petitioner as a widow and two daughters, who are unmarried. 3. There is a provision for grant of compassionate appointment/ monetary compensation to the female dependents in case of death in harness. National Coal Wage Agreement provides for grant of compassionate appointment by way of social securities. Clause-9.5.0 of NCWA (National Coal Wage Agreement) reads as follows:- “(i)The Clauses 9.3.0, 9.4.0 & 9.5.0 of NCWA-VI will be operative in NCWA-IX till a revised scheme is jointly prepared keeping in view the various verdict of Hon'ble Supreme Court at the earliest. (ii) A Sub-committee of JBCCI will formulate a scheme keeping in view various directives of Supreme Court on the subject within three months of signing of the Agreement. (iii) Meanwhile provision of employment as mentioned at (i) above, shall be on basic wage of Cat-I as trainee for a period of 6 months. During the training period they will have the status of permanent employee. On completion of training they shall be regularized as Cat-I employee. However, those dependants in possession of Technical/professional qualification in BE/Diploma will be considered for appointment in higher category, keeping in view their qualification, suitability and vacancy. (iv) The monthly monetary compensation payable to the female dependant in case of death either in mine accident or for other reasons or medical unfitness of the employee shall be @ Rs.6000/- with effect from 1.5.2008. (v) In case of death either in mine accident or due to other reasons or medical unfitness, if no employment has been offered and the male dependant of the concerned worker is 12 years and above in age, he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependant is on live roster, the female dependant will be paid monetary compensation as given in (iv) above." As per the aforesaid scheme the female dependents has an option either to be employed or to receive monetary compensation, if she is below 45 years of age. If the female dependent is above 45 years, in view of NCWA monetary compensation is given. 4. The basic concept and the purpose of compassionate appointment is to ensure that family of the bread winner over comes the immediate financial crises. The Hon’ble Supreme Court in the case of Fertilizers and Chemicals Travancore Ltd. and Ors. Versus Anusree K.B., reported in 2022 SCC OnLine SC 1331 has held that the whole object of granting compassionate appointment is to enable the family to tie over the sudden crisis. The Hon'ble Supreme Court has held that compassionate appointment is not a source of recruitment. The main purpose is to see that the family does not suffer from immediate financial crises on the death of bread winner. 5. In this case admittedly, the petitioner herein, who is the wife of the deceased is already employed as an Assistant Teacher in Government Girls School now posted at Dumka. 6. Since, admittedly the petitioner is an Assistant Teacher and a Government servant and still working, there is no financial crisis in the -2- family of the petitioner on the death of her husband. In this case, there is no occasion to grant compensation or keep her minor daughter in live roster on compassionate ground. 7. Thus, the respondents have rightly rejected the prayer of the petitioner. 8. Accordingly, the instant writ petition stands dismissed. (ANANDA SEN, J.) R.S. AFR -3-