Jharkhand High Court
Rina Devi vs The Eastern Coalfields Limited Through ... on 10 February, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.643 of 2025
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Rina Devi, aged about 34 years, wife of Jageshwar Mahto, resident of
village Khun, PO Jamua, PS Chitra, Jamua, District Deoghar,
Jharkhand, PIN 814146 ... Petitioner(s).
Versus
1.The Eastern Coalfields Limited through its Chairman-cum-Managing
Director, office at Sanctoria, Desagarh, PO and PS Desagarh, Dist-
Asansol, West Bengal
2."Director (Personnel), Eastern Coalfields Limited, office at Sanctoria,
Desagarh, PO and PS Desagarh, District Asansol, West Bengal
3.The Regional Manager (P.C.D), Eastern Coalfield Limited, Chitra
Colliery, S.P. Mines, Chitra, Deoghar
4.The General Manager, Eastern Coalfield Ltd, office at S.P. Mines,
PO and PS Chitra, District Deoghar
5.The Area Personnel Manager/ C.P.I.O., Eastern Coalfield Ltd, office
at S.P. Mines, PO and PS Chitra, District Deoghar
6.Upasi Mahatwain, W/o Late Sakhi Mahato
7.Sanjay Kumar Mahto @ Chotu Mahto, S/o Balram Mahto and
Phungi Mahatwain
Both are R/o Village- Khun, PO-Jamua, PS-Chitra, Jamua, District
Deoghar, Jharkhand ... Respondents.
CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Ramchander Sahu, Advocate
For the Respondent(s) : Mr. Rajesh Lala, Advocate
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03 /10.02.2025: In this writ application the petitioner is praying to injunct
the Eastern Coalfields Limited from appointing Sanjay Kumar
Mahto @ Chotu Mahto on the basis of an Adoption Deed dated
05.10.2007.
2. It is the case of the petitioner that Adoption Deed is
absolutely void, illegal and cannot be given effect to. Thus, on
the basis of the said document Eastern Coalfields Limited cannot
give appointment to Sanjay Kumar Mahto @ Chotu Mahto.
3. The learned counsel appearing on behalf of the Eastern
Coalfield Limited on instruction submits that appointment has
already been granted.
4. During course of argument both the parties admit that
there is title suit pending in the Court of Civil Judge, Senior
Division-II, Deoghar in Original Suit No. 134 of 2021 wherein a
prayer has been made to declare Adoption Deed dated
05.10.2007 as contained in Volume No.-IV as Deed No. 216 in
favour of Defendant No. 2 (Sanjay Kumar Mahto @ Chotu
Mahto) who is respondent no. 7 herein, as illegal, bad in law and
it needs to be cancelled. Further a prayer has been made
restraining defendant no. 2 claiming himself an adopted son. The
plaint has been annexed in the writ petition. Thus from the
submission of the parties, I find that validity of the adoption
atleast had to be decided. Without deciding the validity of the
said adoption no order can be passed in respect of grant of
appointment or removal of the said person from service.
5. Thus, I am not inclined to entertain this writ petition at this
stage. The same is dismissed.
6. It is made clear that the parties will abide by the judgment
passed in the Original Suit No. 134 of 2021.
(ANANDA SEN, J.)
Tanuj/
