1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5985 of 2018 1 - Ms. Sagar Patel D/o Late Lal Sai Aged About 30 Years R/o Qr. No. M/134, Secl, Pump House Colony Korba Tahsil District Korba Chhattisgarh ... Petitioner(s) versus 1 - South Eastern Coalfields Ltd., Through Its Chairman - Cum - Managing Director, Head Office, Basant Vihar, Seepat Road Bilaspur Chhattisgarh 2 - General Manager, S E C L, H O Korba, District Korba Chhattisgarh 3 - Dy. General Manager, Manikpur - Korba Colliery, South Eastern Coalfields Ltd. Out - Post - Manikpur Police Station Tahsil District Korba Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Ravish Verma and Ms. Chetna Sharma, Advocates For Respondent(s) : Shri Ravi Ranjan Sinha, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 20/11/2025 Following relief has been claimed in this writ petition - i. The Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner. ii. The Hon’ble Court may kindly be pleased to quash the impugned order dated 16/17-03-2018 and direct the respondent authorities for consideration of compassionate appointment in circumstances of pathetic status. 2 iii. Any other relief, which may be deemed, fit by this Hon’ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner. 2. Learned counsel for the petitioner submits that the mother of the petitioner namely Shiv Kunwar was working with the respondents as Majdoor Category–I in the Civil Department of Manikpur Colliery, Korba and died in harness on 24/11/2016. It is further submitted that the mother nominated the name of the petitioner along with her sister Ganga Kumari in Form F, which is a nomination form kept in the account of her mother, State Bank of India at Manikpur branch in the joint name of the petitioner. By that time, she was married and divorced also. They submit that the petitioner was fully dependent upon the income of her mother / deceased employee. After the death of her mother, the petitioner made an application for grant of dependent employee in the light of National Coal Wage Agreement (NCWA) before the respondents. The application of the petitioner was rejected by the respondents vide its communication dated 16/17.03.2018 (Annexure P/8) inter alia stating that the dependent for the purposes of compassionate appointment means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. As the petitioner’s case was rejected on the count that she is a married daughter, which is absolutely contrary to the judgment of this Court passed in the case of Asha Pandey v. Coal India Ltd. and ors., 2016 SCC OnLine Chh 2408, therefore, this writ petition was filed. She submits that as the petitioner was divorced and was dependent upon the income of the deceased, her case ought to have considered by the respondents. 3. Learned counsel for the respondents submits that the petitioner was not dependent upon the income of the deceased, therefore, her case was not considered, considering herself to be married daughter. Apart from this, learned counsel submits that the petitioner submitted an affidavit that she would withdraw the writ petition. However, he submits that the case of the petitioner is under active consideration before the respondents for compassionate appointment subject to other requisite compliance. 4. Heard learned counsel for the parties and perused the records. 5. There is no dispute to the fact that the mother of the petitioner was working with the respondents. It is also evident from the records that the petitioner is the 3 daughter who was earlier married. It appears that the petitioner and her husband came to an understanding of dissolving their marriage and entered into an agreement to that effect. On the last date of hearing i.e. on 10/11/2025, it was stated by learned counsel for the respondents that the issue with regard to consideration of the case of married daughter as dependent employee is pending consideration before Hon’ble Supreme Court in the case of South Eastern Coalfields Ltd. and ors. v. Mamni Pradhan & ors. in Petition(s) for Special Leave to Appeal (c) No.(s).15767/2022. Therefore, this Court directed the petitioner to file an affidavit as to whether the issue involved in the present petition is identical to that in the case of Mamni Pradhan (supra) or not. 6. In compliance of the said order, an affidavit of Assistant Manager (HR), Manikpur OC Mines, SECL, Korba has been filed and it has been stated that the issue involved in this writ petition is not the one involved in the case of Mamni Pradhan (supra). Therefore, there is no embargo on this Court to decide this case. 7. In the case of Asha Pandey (supra), this Court laid down the law with regard to dependent employment/compassionate appointment for married daughter and held as under - “28. Thus, from the aforesaid cases it is quite vivid that marriage is a social circumstances and basic civil right of man and woman, and marriage by itself is not a disqualification. Thus, denial of dependent employment to married violative of Article 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.” 8. As the issue of dependent employment of a married daughter has already been decided by this Court in the case of Smt. Asha Pandey (supra), this Court is of the view that the respondents may be directed to consider the case of the petitioner for grant of dependent employment in accordance with law within a period of 60 days from the date of receipt of copy of this order. With this observation, this petition is finally disposed off. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.11.24 12:23:59 +0530