Aparesh Kumar Singh, J. - (1.) WPS 5183/2017 Petitioner Subsiya Devi is the widow of the deceased employee who has sought quashing of the order dated 10.08.2017 (Annexure-9) by which the application for appointment of her married daughter Sunita Devi @ Sunita Kumari on compassionate ground, was rejected.
(2.) Petitioner has contended that out of three children born out of the wedlock with late employee, son had died earlier and out of two married daughters i.e. Sunita Kumari @ Sunita Devi and Anita Kumari @ Anita Devi, it is the elder daughter Sunita Kumari who is living with her and looking after her and is also dependent upon the petitioner. Therefore, she is entitled to compassionate appointment in lieu of her husband's death in terms of Clause 9.3.0 of National Coal Wage Agreement-VI. Her claim has been rejected by order at Annexure-9 dated 10.08.2017 on the ground that the applicant being one of the two married daughters of the deceased employee, is not directly dependent upon the deceased in terms of provisions of NCWA and therefore, cannot be appointed. Petitioner was advised to apply for monetary compensation.
(3.) In the counter affidavit and supplementary counter affidavit, the impugned decision has been defended on the same ground. WPS 2662/2016;