1 2025:CGHC:45993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6389 of 2022 1. Smt. Vidyawati W/o Late Ramkumar Rathore Aged About 60 Years R/o B- 480, Shikshak Nagar, Korba, Tahsil And District Korba, Chhattisgarh 2. Shashi Kiran Rathore D/o Late Ramkumar Rathore Aged About 38 Years R/o B-480, Shikshak Nagar, Korba, Tahsil And District Korba, Chhattisgarh ... Petitioner(s) versus 1. South Eastern Coal Fields Limited Through Its Chairman Cum Managing Director Seepat Road Bilaspur, Chhattisgarh 495001 2. Director Personal South Eastern Coalfield Limited Head Quarter- Seepat Road Bilaspur, Chhattisgarh 495001 3. General Manager South Eastern Coalfield Limited Deepka Area Colliery Extension Project, Tahsil Katghora District Korba Chhattisgarh 495452 4. Deputy General Manager (Personnel) South Eastern Coalfield Limited Deepka Area Colliery Extension Project, Tahsil Katghora District Korba Chhattisgarh 495452 ... Respondent(s) For Petitioners : Mr. Suryapratap Yuddhveer Singh, Advocate For Respondents : Mr. H.B. Agrawal, Senior Advocate along with Mr. Pankaj Agrawal, Advocate and Ms. Preeti Yadav, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 09. 09.2025 1. By way of this petition, the petitioners have sought the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to issue direction to respondent No.02 to grant compassionate appointment in lieu of her father alternatively. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.12 10:47:05 +0530 2 10.2 That this Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to grant compassionate appointment to petitioner No.2, within a period of 45 days. 10.3 That this hon'ble Court may please be kind enough in granting any other relief, interest, compensation, damages & cost of petition this hon'ble court.” 2. Learned counsel for the petitioners would submit that father of the petitioner No. 2, who was working to the post of Stenographer (Grade B) in SECL, Dipka died in harness on 02.08.2018. He would further submit that the petitioner No. 2 moved an application for grant of dependent employment on 12.10.2018. He would further submit that the petitioner No. 2 is married daughter of the deceased employee and at the time of death of her father her age was 34 years and 8 months. He would also submit that the claim of the petitioner for grant of dependent employment has been rejected on the ground that she is married daughter of deceased employee. He would contend that in the matter of Smt. Asha Pandey vs. Coal India Ltd. and others passed in WPS No. 4994 of 2015, it is held that married daughter would be eligible and entitled for grant of dependent employment, therefore, order Annexure P/1 dated 30.03.2019 passed by respondent authority is erroneous. 3. With regard to age, Mr. Singh would submit that undisputedly the age of the petitioner was 34 years and 8 months at the time of death of her father, and therefore, the ground raised by respondent in the return that she was more than 35 years of age at the time of submission of application for grant of dependent employment is erroneous. He would pray to allow this petition. 4. On the other hand, learned Senior Advocate would oppose the submissions made by Mr. Singh. He would submit that the age of the 3 petitioner No. 2 was more than 35 years, when she moved application for dependent employment; therefore, her claim was rejected. He would further submit that in the present case, Clause 9.3.3 of National Coal Wage Agreement (NCWA) would apply. He would contend that the married daughter being indirect dependent of the deceased employee would not be eligible for dependent employment. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Admittedly, the petitioner No. 2 is married daughter of the deceased employee. As per law laid down by the Coordinate Bench in the matter of Smt. Asha Pandey (supra), denial of dependent employment to married daughter of SECL employee is gender biased, unreasonable and violative of Articles 14 and 15 of the Constitution of India and it is clearly impermissible in law, para 28 is reproduced herein-below :- “(28) Thus, from the aforesaid cases it is quite vivid that marriage is a social circumstance and basic civil right of man and woman, and marriage by itself is not a disqualification. Thus, denial of dependent employment to married daughter of SECL employee is gender biased, unreasonable and violative of Articles 14 and 15 of the Constitution of India and it is clearly impermissible in law, as such, a clause in the National Coal Wage Agreement excluding consideration of married daughter for dependent employment, which has the force of law, is unjust, unfair and opposed to law.” 7. Considering the law laid down in the matter of Smt. Asha Pandey (supra), order Annexure P/1 is hereby quashed. With regard to age of the petitioner, the respondents are permitted to conduct an enquiry and take decision afresh after affording due opportunity of hearing to the petitioner. 4 8. The entire exercise shall be completed by respondent authorities, preferably within a period of 90 days. If it is found that at the time of death of father of the petitioner No. 2, her age was below 35 years, her claim for dependent employment shall be considered by respondent authorities. 9. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant