Eastern Coalfields Limited vs Nitu Devi on 14 July, 2023
11. The High Court of Calcutta in the matter of Eastern Coalfields
11 / 12
Ltd. (supra) observed in paras 37 & 38 as under:
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1 - 7 of 7 (0.23 seconds)Section 108 in The Indian Evidence Act, 1872 [Entire Act]
The State Of West Bengal vs Debabrata Tiwari on 3 March, 2023
Reliance has been placed on the decision of the Hon'ble Apex
Court in the matters of State of West Bengal Vs. Debabrata Tiwari
and others, 2023 LiveLaw (SC) 175 and the judgment dated
11.12.1997 of the High Court of Allahabad in Ravi Shankar Tewari Vs.
Police Maha-Nideshak and others, (1998) 2 UPLBEC 1183.
State Of H.P. And Anr. vs Jafli Devi (Smt.) on 14 March, 1997
Reliance is placed on State of H.P. and Another Vs. Jafli
Devi (Smt.). There is no dispute with respect to the
question decided by the Apex Court in this case, but rules
with regard to compassionate appointment deal with
extraordinary circumstances when an employee dies
during the course of service and his dependents are in
need of compassionate appointment, to make both ends
meet. Had it not been so, there would be no purpose to
frame rules for compassionate appointment. Rule 8(c) of
the Compassionate Appointment Rules provides for
appointment of a member of the family, namely, son,
adopted son, unmarried-daughter etc., totally dependent
on the deceased on compassionate ground, or on the
untimely death of the employee. Husband of the petitioner
was permanent employee of the respondent, there is no
dispute about it. From the report of the department, he was
not heard of since 6-2-1992, as he did not turn up.
Therefore, after the expiry of 7 years, he is deemed to
have died since he was not heard of. With this
background, termination of his service would be rendered
inconsequential. Even otherwise, action against dead
person is a nullity and proceedings, which are pending,
stand vitiated."
Ravi Shankar Tewari vs Police Maha-Nideshak And Ors. on 11 December, 1997
Reliance has been placed on the decision of the Hon'ble Apex
Court in the matters of State of West Bengal Vs. Debabrata Tiwari
and others, 2023 LiveLaw (SC) 175 and the judgment dated
11.12.1997 of the High Court of Allahabad in Ravi Shankar Tewari Vs.
Police Maha-Nideshak and others, (1998) 2 UPLBEC 1183.
Kamlesh Batham vs The State Of Madhya Pradesh on 19 September, 2022
Reliance has been placed on the decisions in the matters of MP
State Co-operative Marketing Federation Ltd. Vs. Aruna Pyasi,
(2003) 03 MP CK 0102; Vimlesh Batham Vs. State of MP and
another, (2013) 08 MP CK 0258; order dated 20.07.2017 of the High
Court of MP, Jabalpur in WP No. 10859/2011 in the case of Deepak
Kumar Jharbade Vs. The Western Coal Field Ltd.; Eastern
Coalfields Ltd. Vs. Nitu Devi, AIR OnLine 2022 Cal 1339; and the
order dated 14.07.2023 of the Hon'ble Supreme Court in Special
Leave Petition (Civil) Diary No. 13083/2023 in the case of Eastern
Coalfields Ltd. Vs. Nitu Devi and others.
Deepak Kumar Jharbade vs The Western Coal Field Limited on 20 July, 2017
In a similar matter of Deepak Kumar Jharbade (supra), the High
Court of Madhya Pradesh observed in paras 5, 6, 7 & 8 as under:
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