1 2025:JHHC:31798 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5690 of 2025 ---- Sajni Devi, W/o Upendra Bhuiya, R/o Near Dukharni Mandir, East Bhagatdih, Khanudih P.O. & P.S. - Jharia, Dist-Dhanbad. … Petitioner -versus- 1. The Bharat Coking Coal Limited through its Chairman- Cum-Managing Director having its office at Koyla Bhavan, P.O. Koyla Nagar, P.S. Saridhella, District- Dhanbad. 2. The Director (Personnel), BCCL, having its office at Koyla Bhavan, P.O.-Koyla Nagar, P.S.- Saridhella, District- Dhanbad. 3. General Manager (Personnel) BCCL, having its office at Koyla Bhavan, P.O. Koyla Nagar, P.S. Saridhella, District Dhanbad. 4. Project Officer, Bastacolla Colliery, BCCL, having its office at Bastacolla, P.O. & P.S. Bastacolla, District- Dhanbad. … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Abhijeet Kumar Singh, Advocate For the Resp-BCCL : Mr. Amit Kumar Das, Advocate ---- 03/ 09.10.2025 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. Petitioner, in this writ petition, has prayed for the following reliefs:- a. For an appropriate order quashing letter no. BCCL/Bastacolla/PO/23/764 dated 17.05.2023 (Annexure-8) whereby and whereunder the respondent authority denied considering the pett as the dependant of deceased employee and rejected her claim for compassionate appointment. b. For issuance of appropriate order/direction upon the respondents to immediately grant compassionate appointment to the petitioner who happens to be the dependent of the deceased employee of the Respondent BCCL.; 3. The brief facts of the case is that the petitioner is claiming Compassionate Appointment in place of her deceased brother who died in harness on 05.01.2021 working as General Mazdoor under the Bastacolla Colliery of B.C.C.L. A writ petition being W.P.(S) No. 4444 of 2022 was preferred to appoint the petitioner on compassionate ground wherein the Hon’ble Court directed the respondent authorities to dispose of the application in terms of the scheme and law but due to noncompliance of the aforesaid order, contempt application was filed. However, the contempt was dropped vide order dated 12.07.2024 in view of the order of the respondent authority that the petitioner was not eligible for compassionate appointment under the provisions of NCWA passed on 2 17.05.2023. Being aggrieved with the said order, the petitioner has preferred the present writ petition. 4. Learned counsel for the petitioner puts forth his arguments stating that the petitioner and her husband were fully dependent on the deceased as the husband of the petitioner had no sufficient income and both were residing with the deceased at the time of his death. The counsel further submits that all other dependents of the deceased had given “No Objection” in form of affidavits with regard to appointment on compassionate ground. 5. Learned counsel representing the respondents submits that the petitioner is not eligible to claim compassionate appointment as she does not come under the purview of being dependent of the deceased employee under the NCWA provisions. The counsel further submits that the name of dependents in the deceased’s service book is that of Smt. Pawo Devi and Malti Kumari and there is no mention of the petitioner’s name anywhere. The learned counsel also states that the mother of the deceased is entitled to monetary compensation which is more than Rs. 25,000/- per month. 6. After hearing the counsel for the parties and from perusal of the order dated 17.05.2023 of the respondent authority, it transpires that the petitioner, who is a married sister of the deceased employee, only started living with him when he got sick and she came in to take care of her brother. Also, the husband of the petitioner has stated that he is working in R.K. Transport Company and that the deceased has never helped them financially. Furthermore, it is pertinent to take note that the provisions of NCWA does not provide compassionate appointment to the sister, whether married or un-married, of the deceased employee. The NCWA has specifically provided the meaning of dependent in case of appointment on compassionate ground under clause 9.3.3. The clause 9.3.3 reads as: - “the dependant for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependant is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependant on the earnings of the deceased may be considered to be the dependant of the deceased.” It is well known that Compassionate Appointment is only an exception to the general rule of public employment and cannot be claimed as a right. Before making such appointment, the authorities are bound to satisfy the conditions and comply with the governing rules and policy provisions. 3 The Hon’ble Supreme Court in the case of Canara Bank v. Ajithkumar G.K., reported in 2025 SCC OnLine SC 290 while referring to the case of SAIL v. Madhusudan Das, (2008) 15 SCC 560 has observed: “11...f) Compassionate appointment is a concession and not a right and the criteria laid down in the Rules must be satisfied by all aspirants.” In light of the aforesaid judgment of the Hon’ble Supreme Court and observations made hereinabove and the facts of the case, I find no merit in this writ petition. 7. This writ petition, is accordingly, dismissed. (ANANDA SEN, J.) 09th October, 2025 Sandeep, cp2