The Calcutta High Court has ruled that a married daughter’s marital status cannot be the sole reason for denying her compassionate appointment. Instead, the court emphasizes that dependency on the deceased employee is the key factor in determining eligibility.
The Division Bench of Justice Sujoy Paul and Justice Smita Das De delivered the ruling in Dipali Mitra & Others v. Coal India Limited & Others, an intra-court appeal challenging a Single Judge’s order which had upheld the rejection of compassionate appointment claims by the widow, married daughter, and son-in-law of a deceased Eastern Coalfields Limited employee.
The late Shib Das Mitra died in harness on 26 May 2010, leaving behind his widow, married daughter, son-in-law, and a son living abroad. The widow was over 45 years old making her eligible only for monetary compensation under Clause 9.5.0 of the NCWA while the son expressed no interest in employment. The married daughter and her husband applied for compassionate appointment, asserting dependency on the deceased.
Their claim was rejected by ECL in a “reasoned order” dated 21 February 2018, citing lack of dependency proof and discrepancies in residential addresses. A Single Judge later struck down Clause 9.3.3 of the NCWA, which had excluded married daughters, but declined to grant relief for want of evidence showing dependency.
Implications:
Equal opportunities: Married daughters may now be considered for compassionate appointments on par with unmarried daughters, provided they can demonstrate financial dependency.
Case-by-case assessment: Each claim will be evaluated based on individual circumstances, focusing on financial need rather than marital status.
The Calcutta High Court’s ruling emphasizes that marital status should not be a barrier for a married daughter to claim compassionate appointment, instead highlighting financial dependency as the determining factor. This decision promotes equal opportunities and a more nuanced assessment of individual circumstances.
