Calcutta High Court (Appellete Side)
Coal India Ltd.) vs Smt. Purnima Singh & Ors on 13 September, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
13.09.2024
Item No.8
Daily List
Ct. No.26
CHC
RVW 260 of 2024
M/s. Eastern Coalfield Limited (a subsidiary of
Coal India Ltd.)
Vs.
Smt. Purnima Singh & ors.
in
MAT 2151 of 2023
M/s Eastern Coalfield Limited
Vs.
Smt. Purnima Singh & ors.
Mr. Shankar Prasad Dalapati, Advocate
Mr. Pritam Choudhury, Advocate
Mrs. Priti Banerjee
...for the review applicant
Mr. Partha Ghosh, Advocate
Mr. Amal Kumar Datta, Advocate
Ms. Simran Sureka, Advocate
Mr. Debashis Das, Advocate
...for the writ petitioner/
respondent
1. Affidavit-of-service filed in Court be taken
on record.
2. Review is at the behest of the appellant in
respect of the judgment and order dated August 7,
2024.
3. By consent of the parties the review is
taken up for final hearing.
4. Learned advocate appearing for the
appellant submits that, learned advocate who
conducted the appeal went beyond his instructions in
conducting the appeal. He submits that, rate of
interest awarded by the judgment and order under
review at the rate of 18 per cent per annum should
Signed By :
CHINMOY
CHAKRABORTY
High Court of
Calcutta
17 th of September
2024 05:17:45 PM
not create a precedence as it will adversely affect the
appellant. Similar matters are pending in different
Courts. He also points out that since, the officers of
the appellant were not at fault, and the appellant
exceeded his instructions, therefore, direction
contained in paragraph-30 requiring the costs
imposed to be recovered from the officers concerned,
should be revisited. Moreover, the quantum of costs
imposed should also be revisited.
5. Learned advocate for the private
respondent submits that, he is unable to give any
consent for reducing the rate of interest as prayed for
on behalf of the appellant. He submits that, there is
no error on the face of the record so far as imposition
of the rate of interest is concerned.
6. Two appeals were filed at the behest of
the appellant. The last order of the learned Single
Judge awarded interest at the rate of 6 per cent per
annum in respect of compassionate appointment.
7. We considered the rival contentions of the
parties argued before us in the appeal. We gave our
reasons for enhancing the rate of interest awarded by
the learned Single Judge at the rate of 6 per cent to
18 per cent per annum.
8. Primarily we found the conduct of the
appellant as an Article 12 authority in dealing with
compassionate appointments inacceptable and
Signed By :
CHINMOY
CHAKRABORTY
High Court of
Calcutta
17 th of September
2024 05:17:45 PM
therefore increased the rate of interest and directed
such rate of interest to be realised from the officers
concerned. We also imposed costs in view of such
conduct of the appellant.
9. In course of hearing, we are informed
that, the process to pay the private respondent was
initiated prior to the appeal attained finality.
Moreover, the instructions of the officers of the
appellant given to the then advocate conducting case
of the appellant were not carried out fully.
10. Such being the situation, we deem it
appropriate to modify the direction contained in
paragraph 30 of the order under review that, the
appellant will realize the interest component from the
persons responsible of the appellant concerned.
11. We also recall the cost awarded by us in
paragraph-34 of the judgment and order under
review. Consequently, paragraph-35 of the judgment
and order under review is also recalled.
12. We are informed that, the appellants
paid the cost awarded by the learned Single Judge.
Such cost awarded by the learned Single Judge be
construed as costs for the conduct of the appellant in
the appeal also.
13. All other portions of the of the judgment
and order under review will remain the same.
Signed By :
CHINMOY
CHAKRABORTY
High Court of
Calcutta
17 th of September
2024 05:17:45 PM
14. RVW 260 of 2024 is disposed of
accordingly.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
Signed By :
CHINMOY
CHAKRABORTY
High Court of
Calcutta
17 th of September
2024 05:17:45 PM
