Radha Devi vs State Of Jharkhand & Ors
2021 Latest Caselaw 1931 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   W.P. (S) No. 3355 of 2019
            Radha Devi                                     ...                Petitioner
                                         Vs.
            State of Jharkhand & Ors.                      ...                Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioner : Mr. M.K. Roy, Advocate For the Resp.-State : Mr. Munnal L. Yadav, SC (L & C)-III

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03/ 17.06.2021 Heard the parties.

Mr. M.K. Roy, learned counsel for the petitioner assails the order of dismissal on the ground that the same has been passed after the death of the employee. He places heavy reliance on the judgment of this Court in case of Manoj Kumar Vs. Central Coalfields Ltd. passed in W.P. (S) No. 2991 of 2014 and in case of Anjali Kumari Vs. State of Jharkhand passed in W.P.(S) No. 1018 of 2018. He further submits that in view of the ratio laid down in the aforesaid cases, the impugned order is not tenable in the eyes of law and is fit to be quashed and set aside and petitioner is to be granted all the consequential benefits.

On the other hand, learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner and submits that very appointment of the deceased employee was under cloud as he was appointed on the basis of forged matriculation certificate and as such, nothing remains to be adjudicated. However, learned counsel for the respondents is not armed with any authority in support of his contention and as such, seeks sometime.

Prayer is allowed.

Put up this case after two weeks.

(Dr. S.N. Pathak, J.) punit/-