- (1.) The petitioner has approached this Court seeking quashing of order dated 12.05.2012 whereby her claim for appointment on compassionate ground has been rejected. A further prayer for enforcement of the provisions as contained in Clause 9.3.2 of the National Coal Wage Agreement and to provide appointment on compassionate ground to the petitioner have also been made. The brief facts of the case as disclosed in the writ petition are that, the husband of the petitioner died on 18.10.2011 and thereafter, the petitioner made an application on 17.03.2012 for appointment on compassionate ground. By order dated 12.05.2012, claim of the petitioner has been rejected on the ground that she has failed to prove that she is the legally wedded wife of the deceased, namely, Sanicharwa Bediya. In support of her claim, petitioner has filed copies of election card, policy certificate issued by the Life Insurance Corporation of India as well as marriage card and a letter issued by Circle Officer, Ramgarh dated 11.11.2011.
(2.) A counter-affidavit has been filed by the respondents stating therein as under: 13. That the relevant provision of NCWA governing the cases of compassionate appointment inter-alia provides the employment to one dependent of the family members, mentioned therein, upon death of an employee while in service. 14. That the respondent CCL in order to ascertain the dependency and genuinity of the applicant for compassionate appointment relies upon the following service records of an employee and wherein, in any of the said records, the name of applicant should appear for consideration of his/her case. i) Service sheet/service sheet excerpts ii) Gratuity nomination form. iii) CMPF records iv) LTC/LLTC Records v) Pension Records under CMPS, 1998 15. That the respondent CCL in absence of name in the above records, relies to the following records for consideration of the case. i) Succession certificate ii) Marriage Registration Certificate issued by the Registrar. 16. That the name of the petitioner did not appear in any of the available service records of the deceased employee.
(3.) Heard learned counsel for both the parties and perused the documents on record.;