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Calcutta High Court (Appellete Side)

Priyanka Ghosh vs South Eastern Coalfields Limited & Ors on 28 November, 2022

28.11.2022           IN THE HIGH COURT AT CALCUTTA
   DL-4            CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE
  Ct.21
                             WPA 22327 of 2022

                           Priyanka Ghosh
                                Vs.
                   South Eastern Coalfields Limited & Ors.

                   Mr. Puspal Chakraborty,
                   Mr. Prisanka Ganguly
                                                  ....for the petitioner.

                   Mr. Shiv Shankar Banerjee,
                   Ms. Sanchita Barman Ray
                                          ....for the respondents.

Affidavit of service filed in Court today is retained with the records.

This is an application by a married daughter of a deceased employee of South Eastern Coalfields Limited (in short, "SECL"). The petitioner's mother died-in-harness on April 19, 2022. The petitioner made an application for compassionate appointment on July 25, 2022. She made a further representation on August 23, 2022.

In response to her previous representations, the respondent no.4/ the Manager (Personnel) In-Charge, SECL informed the petitioner that she was not entitled to be considered for appointment on compassionate ground since based on the available records it was found that she was married and not residing with the deceased employee and had a different permanent address.

Mr. Chakraborty, learned counsel, appearing on behalf of the petitioner submits that even though the petitioner was married she was entitled in law to be appointed on compassionate ground. Furthermore, she was a dependant on her mother.

Mr. Banerjee, learned counsel, appearing on behalf of the respondents/SECL submits that the petitioner is not entitled to be considered for appointment on compassionate ground since she was married daughter and under the National Coal Wage Agreement (in short "NCWA") she was not entitled to be considered in that category.

Having considered the rival submissions of the parties and the materials placed on record, this court is of the view that justice will be subserved by directing the respondent no.2/the General Manager, Dankuni Coal complex, SECL to file a report by January 10, 2023 on the issue whether the petitioner was a dependant.

Exception, if any, by January 20, 2023. Let this matter appear for further consideration under the heading "Motion" on January 24, 2023.

It is made clear that the preliminary point regarding maintainability of the writ petition is kept open.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

(Lapita Banerji, J.)