A widowed sister is a "dependent" eligible for compassionate appointment under NCWA, regardless of gender-based exclusions.

The petitioners are the widowed mother and widowed sister of the deceased, Rajaram, who died in a motor accident on April 11, 2022, while serving as a trainee at South Eastern Coalfields Limited (SECL).

Rajaram was the sole breadwinner for the family, and the deceased’s employment was originally granted under a rehabilitation policy in lieu of acquired land.

Petitioner No. 2 (the sister) applied for compassionate appointment, which was rejected by the Deputy Manager, SECL via letter dated December 24, 2022.

The rejection was based on the contention that under the prevailing Company Rules (National Coal Wage Agreement - NCWA), a sister does not fall within the definition of a 'dependent' eligible for such appointment.

Whether the exclusion of a sister from the definition of "dependent" for compassionate appointment under Clause 9.3.3 of the NCWA is legally sustainable and consistent with Article 14 of the Constitution.

Whether Petitioner No. 2, a widowed sister residing at her maternal home, is entitled to be considered for dependent employment following the death of her brother.

The court primarily relied on the interpretation of Clause 9.3.3 of the National Coal Wage Agreement (NCWA), which defines dependents as spouse, unmarried daughter, son, and brother.

It applied the principle of gender non-discrimination under Articles 14 and 15 of the Constitution of India, asserting that a "sister" cannot be excluded if a "brother" is included.

The court relied on Madhubala Sinha v. Central Coalfields Limited (2019 SCC OnLine Jhar 3356), which held that excluding sisters constitutes gender bias.

The court relied on Shimla v. Western Coalfields Ltd. (2023 SCC OnLine Bom 178), which established that subsidiaries of Coal India Limited cannot implement Clause 9.3.3 by excluding female dependents.

Additionally, the court took note of Section 13 of the General Clauses Act, which directs that words importing the masculine gender shall include females.

The court reasoned that the sudden demise of the sole breadwinner left the widowed mother and sister in a state of total dependency.

It observed that the issue of a sister's eligibility is no longer res integra, as various High Courts and the Supreme Court have consistently struck down gender-based discrimination in compassionate appointments.

The court noted that because the NCWA explicitly includes "brother" in the zone of consideration, excluding a "sister" lacks any rational basis or intelligible differentia, thereby violating the guarantee of equality under Article 14.

Furthermore, the court emphasized the "peculiar facts" of the case: Petitioner No. 2 is a widow herself, living in the maternal home, and there are no other survivors to support the 72-year-old mother.

Finally, the court highlighted that since the employment was tied to land acquisition, the family held a higher equitable claim to the continuation of benefit.

It held that Petitioner No. 2 is entitled to be considered for dependent employment to ensure the family's survival.

The respondent authorities were directed to consider Petitioner No. 2’s case afresh and, upon verification, grant her appointment in place of her deceased brother within 60 days.