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Calcutta High Court (Appellete Side)

Mohini Devi Thakur vs Coal India Limited & Ors on 22 March, 2021

Author: Rajasekhar Mantha

Bench: Rajasekhar Mantha

22.03.2021.
Item no. 16.
Court No.13
   ap                          W.P.A. No. 3748 of 2020
                                          With
                                I.A. No. CAN 1 of 2021
                              (Through Video Conference)

                                 Mohini Devi Thakur
                                        Versus
                               Coal India Limited & Ors.

                        Mr. Subrata Bhattacharjya.
                                                      ..For the applicant.
                        Mr. Indradeep Pal.
                                       ...For the respondent nos.1 to 6.

Affidavit-of-service filed in Court today by the Counsel for the applicant be taken on record.

The writ petitioner was the mother-in-law of one Suresh Thakur, who was a permanent employee of the Eastern Coalfields Limited (in short "ECL") at Naba Kajora Colliery. The said Suresh Thakur died on 15th July, 2015. After his death, the writ petitioner applied for compassionate employment, which was rejected since she was 63 years old.

By filing CAN 1 of 2021, the wife of Suresh Thakur, namely, Nisha Thakur has now applied for compassionate employment. Admittedly, Nisha Thakur had made an application for such employment within the stipulated period. The medical examination and police verification of Nisha Thakur have been completed by the ECL.

A decision as regards to the compassionate employment is yet to be taken by the ECL. 2 In those circumstances, Nisha Thakur shall be added as a party respondent no.7 to the instant writ petition.

The learned Advocate-on-record for Nisha Thakur shall make necessary changes in the cause title of the instant writ petition in course of the day.

The ECL, particularly, the respondent nos.1 to 6 shall pass suitable orders in accordance with the applicable Rules and Law on the request of Nisha Thakur for compassionate employment preferably within a period of two months from the date of communication of a copy of this order.

CAN 1 of 2021 is allowed and disposed of. In view of the above order, the instant writ application shall stand disposed of.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)