STEEL AUTHORITY OF INDIA Vs. TANUSHREE DEY

JUDGEMENT

(1.) The petitioners have challenged the judgment and order of the Central Administrative Tribunal, Kolkata Bench, dated December 14, 2021, delivered in Original Application No. 350/01742/2016.

(2.) Before dwelling on the grounds of challenge put forth by the petitioners, the factual background of the case may be discussed in a nut-shell. One Nirmal Chandra Dey, now deceased, was an employee (Senior Technician) of Town Services Department of the IISCO Steel Plant ' SAIL (Burnpur). On January 25, 2016, he died during the course of his employment. Police started an unnatural death case and post-mortem was held on January 26, 2016. The post-mortem report, as enclosed with this writ petition would show that the autopsy surgeon has found the 'immediate cause' of death to be the 'head injury'. Subsequently, at the instance of the present petitioner an enquiry committee was formed, consisting of three 'Executives' of the Company, to enquire as to the cause of death of said deceased employee Nirmal Chandra Dey. After enquiry, the committee has come to the decision that the said person died a natural death, though in the course of his employment. The committee opined that under such circumstances and pursuant to the applicable rules, the present respondent nos. 1 and 2 would not be entitled for appointment on compassionate ground. Respondent no.1/wife of the said deceased person has subsequently made an application for compassionate appointment for respondent no.2/son of the said deceased employee, before the authorities. The said prayer of the respondents was rejected by the authorities by dint of an order dated July 18, 2016. The above mentioned Original Application was preferred thereafter, by the respondents before the Tribunal, to challenge the said order of rejection dated July 18, 2016.

(3.) It would be now pertinent to have a cursory look to the impugned order of the Tribunal as mentioned above. The Tribunal has directed the authority, that is, the petitioner herein, to decide on the point of applicability of 'Clause 9.2' of the circular dated January 31, 2012 of SAIL ' Durgapur Steel Plant, to the deceased employee, strictly in terms of the report of the post-mortem examination dated January 16, 2016. Before coming to the find as above, the Tribunal noted its observation that :-