27.01.2025 Court No.23 DL/Item No.–2 [Milan, A.R. (Ct.)] IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA 19688 of 2024 Lakhan Goudo & Anr. versus Coal India Ltd. & Ors. Mr. Prolay Bhattacharya, Mr. R. Bhattacharyya, Ms. Tanusree Ghosh ….for the petitioners Mr. Krishnendu Bhattacharya, Mr. Shalini Bairagi, Mr. Rounak Majumdar ….for ECL/ Respondent Nos.2 to 7 In this writ petition, the petitioner no.1 being the son of the deceased employee has sought for compassionate appointment. Compassionate appointment has been given to the petitioner no.1 by issuance of a letter dated 23rd January, 2025 that is during the pendency of the writ petition which has been filed on 2nd August, 2024. The father of the petitioner no.1 being the deceased employee died-in-harness on 16th April, 2011. The petitioners had applied for compassionate appointment on 27th December, 2011. For reasons better known to the Eastern Coalfields Limited (in short, “ECL”), the issue of granting compassionate appointment remained pending for about 14 years. During this period, the widow of the deceased 2 employee being the petitioner no.2 had also not been paid any Monthly Monetary Cash Compensation (in short, “MMCC”) though she was entitled to under the National Coal Wages Agreement (in short NCWA). The petitioner no.2, therefor, has claimed MMCC for the inter regnum. It is also to be noted that the petitioner no.1 was a minor at the time of his father’s death. ECL ought to have treated his candidature, pursuant to the application for compassionate appointment in the live rooster and should have considered the same immediately upon the petitioner no.1 reaching the age of 18 years. The petitioner no.1 became a major at least in 2018 i.e., about six years back, but his compassionate appointment was not processed till filing of the writ petition. On the issue of compassionate appointment, though the learned advocate for the ECL does not make any substantial argument since it has already been granted but on the ground of granting MMCC to the petitioner no.2, it is submitted that in 2012 and again in 2016, the petitioner no.2 was asked to provide the bank details for paying the MMCC. The petitioner no.2 did not submit the same, as a result whereof, there has been admitted delay and/or laches on the part of the petitioner no.2 in claiming MMCC. MMCC should, therefor, be rejected. After hearing the parties and considering the materials on record, as far as the compassionate 3 appointment is concerned, there remain no disputes since the ECL have provided a compassionate appointment to the petitioner no. 1 by issuing an appointment letter dated 23rd January, 2025 which has been duly accepted by the petitioner no.1. So far as the MMCC is concerned, the law is very clear under Clause 9.5.0. of Chapter IX of NCWA. A female dependant like the petitioner no.2 is entitled to MMCC till the male dependant in whose favour compassionate appointment has been sought for being a minor is not given the appointment. This provision has been brought into the NCWA with effect from the year 2000 and as such the same is applicable to the instant case where the employee died on 14.05.2011. Although, the ECL says that it had offered MMCC to the petitioner no.2 but due to non supply of the bank details, the MMCC has not been paid but the facts remain that MMCC was required to be paid and ECL had not parted with the money though it had to provide the same immediately after the death of the employee when the male dependant being a minor was to be enlisted in the live rooster for compassionate appointment. In such a situation, ECL has derived benefit out of money on having not parted with the money and at the same time the petitioner no.2 could not derive the benefit of money though she was entitled to get the same immediately after the death of her husband. 4 In the aforesaid facts and circumstances, the ECL is directed to pay MMCC at the rate prevailing from time to time with effect from 15th May, 2011 to the petitioner no.2 till the petitioner no.1 had joined the services of ECL on having been given appointment on compassionate ground. The money shall be paid after the petitioner no.2 has complied with the requisite formalities. The principal sum of the MMCC between 15th May, 2022 and till the date of joining of the petitioner no.1 on being given appointment on compassionate ground shall carry interest at the rate of 6% per annum. The arrears of MMCC along with the accrued interest shall be paid within 28th February, 2025, failing which the interest rate will increase to 8% per annum instead of 6% per annum on the same principal sum for the same period. Nothing further remains to be adjudicated in this writ petition. The same is according disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Arindam Mukherjee, J.)