Calcutta High Court (Appellete Side)
Eastern Coalfields Limited vs Nitu Devi And Ors on 4 April, 2022
15
Court
No. 11 04.04.2022 MAT 250 of 2021
G.S.Da With
s
CAN 1 of 2021
CAN 2 of 2021
Eastern Coalfields Limited
-VS-
Nitu Devi and Ors.
[
Mr. Manik Das
... for the Appellant
Mr. Supriyo Chattopadhyay
Ms. Anasuya Bhattacharya ... for the respondent
Party/Parties is/are represented in the order of their
name/names as printed above in the cause title.
CAN 1 of 2021
This is an appeal against the Judgment and Order
passed by the Hon'ble Single Bench dated 21.12.2020 in
WPA No. 9612 of 2020.
The appellant files an application, being CAN 1 of
2021, for condonation of delay in preferring the instant
appeal.
Sufficient cause has been shown for condoning the
delay.
Heard the parties.
Cause shown is found to be sufficient.
Delay is accordingly condoned.
CAN 1 of 2021 stands thus disposed of.
MAT 250 of 2021
Now, considering the appeal on merits challenge is
thrown by the appellant/Eastern Coalfields Limited (ECL)
to the Judgment and Order of the Hon'ble Single Bench
dated 21st December, 2020 in the writ petition, being WPA
9612 of 2020.
By the Judgment and Order impugned the Hon'ble
Single Bench was pleased to notice the civil death of the
husband of the Respondent no.1 (R-1)/the writ petitioner to
this appeal and thereafter for the reasons stated in the said
order directed the appellant/ECL to consider the claim of
R-1/the writ petitioner for compassionate appointment.
Mr. Das, Learned Counsel appearing for the
appellant/ECL, makes the primary submission that even
prior to the declaration of the civil death of the husband of
R-1/the writ petitioner, ECL had terminated the service of
the husband of R-1/the writ petitioner on the ground that
he was reported to be continuously absent from duties
without explanation. It is pointed out that the termination
was pursuant to a regular Departmental Enquiry instituted
against the husband of R-1/the writ petitioner.
Per contra, Mr. Chattopadhyay, Learned Counsel
appearing for R-1/the writ petitioner, points out that the
primary basis for taking any administrative action by the
appellant/ECL ought to be the Declaration granted by the
competent Civil Court certifying the civil death of the
husband of R-1/the writ petitioner.
Mr. Chattopadhyay therefore submits that the
cause-of-action emanates from the Judgment and Decree of
the Learned Civil Court to which the appellant/ECL was a
party defendant and such Declaration by the Civil Court
subsumes all consequential action taking on the
administrative side by the appellant/ECL particularly,
having regard to the scenario that the appellant/ECL/the
defendant in the suit did not challenge the Judgment and
Decree of the Learned Civil Court.
Having heard the parties and considering the
materials placed, this Court is of the view that certain
contentious issues have arisen for immediate consideration
in this appeal. Such issues require to be traversed on
Affidavits by and between the parties.
Accordingly, let Affidavit-in-opposition be filed within
a period of two weeks from this date. Reply, if any thereto,
be filed within a week thereafter.
The appellant shall prepare the requisite number of
Informal Paper Book(s) incorporating all the essential
documents.
In the light of the above discussion, there shall be a
stay of the operation of the Judgment and Order impugned
of the Hon'ble Single Bench dated 21.12.2020 till the end of
June, 2022 or, until further orders, whichever is earlier.
Let the matter appear next within the first five
matters under the heading "Hearing (Gr.-VI)" in the
Combined Monthly List of June, 2022.
All parties to act on a server copy of this order duly
obtained from the official website of the Hon'ble High
Court, Calcutta.
(Krishna Rao, J.) (Subrata Talukdar,J.)
