BAPPA KARMAKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition was taken up on 11/1/2022 and upon hearing the respective Counsels appearing for the parties, the judgement/order was dictated in open Court upon setting aside the impugned order and directing the authorities to consider the claim of the writ petitioner on compassionate ground taking into account the Rules/Regulations prevalent at the time of death of the employee.

(2.) The reliance was placed upon the judgement of the Supreme Court in case of Canara Bank and Anr vs. M. Mahesh Kumar reported in (2015) 7 SCC 412, which also took note of the earlier judgement of the Supreme Court rendered in case of State Bank of India and Ors. vs. Jaspal Kaur reported in (2007) 9 SCC 571.

(3.) After transcribing the order, which was dictated in open Court, before we proceed to sign the same, it was noticed that the said order is not in tune with the correct proposition of law standing on that date and the judgement, which has been relied upon, was virtually distinguished in a subsequent decision of the Supreme Court; even by a larger forum of three Judges.