NIRANJAN GHOSH Vs. MANAGING DIRECTOR DURGAPUR STEEL PLANT

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the decision of the respondents authorities contained in Memo dated September 6, 1988 (Annexure 'C' to the writ petition), whereby the Additional Chief Personnel Manager, (G), Steel Authority of India Limited, informed the petitioner, Niranjan Ghosh that the petitioner's appeal seeking employment on 'compassionate ground' against the demise of the petitioner's father, late Sridhar Ghosh, Ex-Helper P.C.E. could not be granted, as on examination it revealed that one of the brothers of the petitioner, Sri Swapan Ghosh is already on the rolls of the Company.

(2.) Mr. Pratap Kumar Roy, learned Advocate appearing in support of the writ petition, challenges the order dated September 6, 1988, in November 1992, on the ground that the petitioner's brother Swapan Ghosh was already in the employment before 1977, that is, before the actual death of his father, and accordingly, that ground for refusing employment on 'compassionate ground', is not tenable.

(3.) Mr. Roy further submits that the petitioner has a definite right of employment on the basis of the circular contained in the memorandum of agreement, particularly clauses 7.14 and 7.16, which run as follows :-