_. .1 Singk Emma o I:@ @ @ IN mE HIGt-i CQJRT OF JUD;C§IU;§ AI BlLASPUf; (CHH‘QHISG:§E§H) WRIT P1211 1;;0N go‘3S5 Gr 2094 PETITIONER: $mt.Laxmania Bai, widow of late Baburam, aged about 32 years,resident of village Kuchili, Tab: Balrampur, Dist: Balrampur (CA3) VS. —— RESPONDEN'IS: 1. South Eastern Coalfields Limited :lhmugh its mairman-cum-Managing Director, 1 silaspur (CA?) OxLépg (i Chief Genergl Manager, bou th {ias tern $ a ......... p1, coalfJ.elds Tah: Adanendxggarh, L1m1tea, Difft: Kuraua éérea coll...ery, (L; G) 9 x Qg A) ‘.k&\‘0‘§ ........ r5v""”i‘.£‘3""' .. Q‘e‘ia" ..... Vk .§a\?'% 3. Chief Personnel Officer, Scath £avtem Ooalfields Limited, Kurasia colliery, Tah: Manendragarh, mist: Korea (C. G) 4. Manager, $outh Eastern Coalfields Limited, Office of' Manager,Kurasia Galliery, Tah: Manendragarhmistmorea CG) 3 é”. - 7 . ¥ AFR WRIT PETITION NO.3956 GF 2095 Petitianer : Smt. Laxmanla Bai South Eastum Welds LimM‘ and others ELem : Dr. Shailash Abuja, counsel for the petiiioner. Mr. P.S.Koshy, counset for the respcngents. ORDER (Passed on 1 7‘" of Novembar, 2006) The husband of the petitioner shri Baburam died on 28-1- 2003 in hamess while working as Chainman in the Survey Department of respondent No.1. The petitioner, being second wife of the deceased made an appiicetion/repreeentation for compassionate appointment on 4-9~2004. The respondents rejected the applicationirepresentae’on of, the petitioner on the ground that in the service record-refute deeeased employee, only one Wife, i.e., Smt. Berulia Bai has been recotued as wife of the deceased empioyee and as such the pedtiener cannot be considered for compassionate appointment on the hasis of death of Baburam. i @ / 2. Dr. Shaiiesh Ahuja, leamed counsel appearing hr the petitioner would submit that in tribal custom, a male member is permitted to have more than one wife and admittedlyias per aflidavit dated 4-9-2004 (Annexure P-10) of the first wife. i.e., Smt Berulla Bai, Smt. Laxmania Bai, the petitioner, was duly married second wife of Baburam son of Moharsai. it was further contended‘that the tirat wife Smt. Berulia Bai died on 24-5-2005. Thus, working of Smt. Berulia Bal could not come in the way of appointment of the petitioner on compassionate basis. 3. Mr. P.S.Koshy, learned oounset appearing for the respondents, per contra, would submit that the respondents reiected the applicationlrepresentation of the petitioner on the ground tlmt in the service record of the deceased employee, only one wife, i.e., Smt. Berulia Bat has been recorded as wife of the deceased employee and“ as such the petitioner could not be considered for compassionate appointment on the basis of death of Baburam. it w further, contended that a suit for declaration that the petitioner was a legai wlte of the deceased late Baburam is pending consideration before Givil Judge Class-ll, Manendragarh, District Koriya. Learned counsel for the v respondents further relied on the compassionate appointment scheme of respondent No.1, which provides for employment‘to one dependant“ of the deceased employee, who dies while ln service? (those/9.3.1 of the Memorandum of Agreement (National Coal Wage Agreement—V) reads as under :- "9‘3.1 Employment would be providedto one dependant of workers who are disabied the records. it is evident that the petitioner is second wife of the deceased Baburam and the first wife Smt. Beruiia Bai was already working when Beburam died in harness. The policy for compassionate appointment of respondent No.1 does not provide for grant of compassionate appointment to second dependant: Therefore, the petitioner ls not entitled to compassionate appointment, which ‘ tantamount to back door entry dehors'the policy of respondent No.1 as per the Memorandum of Agreement (National Coal Wage Agreement- V). 6. The Supreme Court. ln State of J & K and'omers vs. Sajad Ahmed Mlr’, after having considered all the aspects of = ‘l compassionate appointment, observed as under :e “11. itismatsuchanappoimmenusan exception to the general rule. Normally, an employment in the government or other public sectors should be open to all etigible candidaws » who can come forward to apply and compete with y each other. lt is in oonsonance with Article 14 of the Constitution. On the basis of competitive merits, an appointment should be made to pubiio i ”i i /i k r m 3 permanently and also those who die whiie in service. The provision will be implemented as follows:" 4. Thus, the petitioner is not enntied b oompassionate appoiniment. 5. I have heard learned counsel for me parks and perused oftice. This genera! rule should not be departed- from except where compelling cimumshnces demand, such as, death of the sole breadwinner and likelihood of the family suffering beeause of the setback. Once it is proved that in spite of the death of the breadwinner, the family survived and- subsmntial period is over, there is no neoesslty to say “goodbye” to the normal rule of appointment and to show favour to one at the cos-t of the interests of several others ignoring the mandate of r Article 14 of the Constitution." 7. ln the case on hand, the Memorandum of Agreement (National compassionate appointment to the second dependntmember of the deceased employee. One member of the family, which consiss of the deceased and two wives, as per the affidavit dated4-9-2004 (Annoxure P-10), the first wife of the deceased Srnt. Berulia Bai was already in employment at the time of the death of Baburam. Coal Wage Agreement-V) does not provide for 8. dismissed. No order as to costs. For the reasons made hereinabove, this petition is Sd/— Satjsh K. Agnihotrig Judge 1 (2008) 5 $06 ?66 Gopal