The Jharkhand High Court has issued a stern directive to the Coal Mines Provident Fund Organisation (CMPFO) to grant compassionate appointment to the married daughter of a deceased employee. Delivering a major judgment, the court held that a daughter's claim for a job on compassionate grounds cannot be turned down simply because of her marital status or her husband's limited income, provided she was genuinely dependent on her late father. The single-judge bench of Justice Deepak Roshan instructed the organization to issue the official appointment letter to the applicant in accordance with the rules within a period of eight weeks.
Background of the Demise and Initial Rejection by Management
The legal dispute originates from the death of Arjun Prasad, who was serving as an assistant at a coal mine located in Dhanbad when he passed away during his service on 25 November 2013. Following his demise, he was survived by his elderly wife, a daughter, and two sons. Seeking financial stability for the grieving family, the relatives submitted multiple applications requesting a compassionate appointment for the deceased employee's daughter. However, in July 2017, the coal mine management rejected the application on the grounds that the daughter was married and was therefore ineligible for employment under the prevailing rules.
Court Intervention and Repeated Rejections by the Company
Distressed by the management's refusal, the daughter moved the Jharkhand High Court in 2023. Following judicial intervention, the woman submitted a fresh application for compassionate appointment. Nevertheless, in February 2024, during hearings on a contempt petition, the company management rejected her claim for a second time. The organization argued that because the woman was married, her husband possessed his own earnings, and her two brothers were also employed, she could not be considered entirely dependent on her late father. Unsatisfied with this decision, the petitioner challenged the company's rejection order once again in court.
Arguments Advanced by the Petitioner's Advocate
During the court proceedings, Advocate Ratnesh Kumar, representing the petitioner, detailed the family's difficult circumstances before the bench. He submitted that the deceased employee's wife is advanced in age and in poor health. Having donated one of her kidneys to her husband during his lifetime, she is physically incapable of performing strenuous work in the coal mines. Due to these medical limitations, the mother formally nominated her daughter to receive the compassionate appointment. The counsel further highlighted that the daughter remained dependent on her father even after marriage because her husband's earnings were extremely modest, and she was committed to caring for her ailing mother.
High Court Findings and Direction for Appointment Within Eight Weeks
Upon examining the facts of the case, the High Court observed that both sons of the deceased worker had explicitly refused to take care of their elderly mother and were residing independently. Consequently, the petitioner and her aging mother were forced to survive solely on a nominal pension payout received from the mine. The bench noted that the mere existence of a husband's meager income does not mean that the daughter was independent of her father's support.
Passing the order on 12 August, Justice Deepak Roshan emphasized the merits of the petitioner's claim.
"The petitioner is fully entitled to compassionate appointment in place of her deceased father."The court recognized that she was entirely dependent on her father at the time of his passing and possessed no independent financial resources to sustain herself and her mother. Holding that the company had misconstrued the facts and rules, the High Court ruled that marriage or modest husband earnings cannot negate dependency, ordering CMPFO to issue the appointment letter within eight weeks.
