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Steel Authority Of India Limited vs Sunita Soni on 2 December, 2019

Bench: D.Y. Chandrachud, Hrishikesh Roy

                                                                                                       1

     ITEM NO.39                                   COURT NO.8                      SECTION IV-A

                    S U P R E M E C O U R T O F I N D I A
                            RECORD OF PROCEEDINGS
     Petition(s) for Special Leave to Appeal (C) No(s).3370/2019
     (Arising out of impugned final judgment and order dated 27-07-2018
     in WPS No.4811/2018 passed by the High Court of Chhatisgarh at
     Bilaspur)

     STEEL AUTHORITY OF INDIA LIMITED & ANR.                                       PETITIONER(S)

                                                             VERSUS

     SUNITA SONI                                                                   RESPONDENT(S)

     Date : 02-12-2019 This petition was called on for hearing today.

     CORAM :
                             HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                             HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)
                                            Mr.Parag Tripathi, Sr.Adv.
                                            Mr.Yashraj Singh Deora, AOR
                                            Ms.Sonal Mashankar, Adv.
                                            Mr.Shyam Agarwal, Adv.

     For Respondent(s)
                                            Mr.Kaustubh Shukla, AOR
                                            Mr.Abhay Singh, Adv.
                                            Ms.Ankita Agarwal, Adv.

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

In the facts and circumstances of the present case, we are not inclined to entertain this Special Leave Petition under Article 136 of the Constitution. The Special Leave Petition is accordingly dismissed.

judgment of the Central Administrative Tribunal which has Reason: been affirmed by the High Court, the case of the respondent for grant of compassionate appointment shall be considered by the petitioner in accordance with the  2 guidelines governing compassionate appointments. On the claim for compassionate appointment being granted, any benefits which may have been received by the respondent under the Employees Family Benefit Scheme (EFBS) shall be refunded on, as the case may be, adjusted against the deposit of Rs.28.56 lakh which is admittedly lying with the petitioner.

Since we are not inclined to entertain this Special Leave Petition in the peculiar facts and circumstances of the present case, any observation contained in the order of the Tribunal and the High Court on the interpretation of the policy for compassionate appointment and EFBS are kept open to be considered in an appropriate proceeding. The application for the grant of compassionate appointment shall be processed and decided within a period of one month from the date of receipt of a certified copy of this order.

Pending applications, if any, stand disposed of.

    (Ashok Raj Singh)                (Saroj Kumari Gaur)
       Court Master                      Court Master