HC directs SECL to appoint widowed sister

Bilaspur | Correspondent: The Chhattisgarh High Court has delivered a significant and far-reaching decision regarding women's rights and compassionate appointment rules. The court has clearly stated that women cannot be discriminated against in cases of compassionate or dependent employment.

A single bench of Justice Amitendra Kishore Prasad has set aside the decision of South Eastern Coalfields Limited (SECL) to deny employment to a widowed sister after the death of an employee, citing her lack of a "dependent." The court directed the company to reconsider her claim within 60 days and grant her the appointment.

The entire case relates to a petition filed by Bina Binjwar and her 72-year-old mother, Laxmaniya Binjwar. According to the petition, Bina's brother, Rajaram, was working as a trainee at SECL's Gevra project. Rajaram was appointed under the Rehabilitation Policy in exchange for the acquisition of his family's land, but he died prematurely in a road accident in April 2022.

Since Rajaram was unmarried, he was left with only his elderly mother and widowed sister, Bina, who were entirely dependent on Rajaram's income. Bina's husband died in 2002, after which she had been living with her brother at her maternal home.

SECL rejected Bina's application for compassionate appointment, stating that according to the rules of the National Coal Wage Agreement (NCWA), a sister is not included in the definition of a "dependent." The company's lawyer argued that these rules are binding on all coal companies and appointments cannot be made outside their scope.

However, the High Court rejected these arguments outright, stating that the matter is no longer an open issue. The Supreme Court and the Chhattisgarh High Court itself have repeatedly clarified that gender-based discrimination in employment benefits violates Article 14 of the Constitution.

The court specifically noted that since the employment was obtained in exchange for land acquisition, the family has a vested interest in it. The court strongly stated that depriving a widowed sister of dependent employment when there is no other surviving family member to provide support is unjustified. With this order, the court quashed SECL's rejection letter and directed the sister's appointment process to be completed expeditiously.