REKHA BANERJEE Vs. CHAIRMAN, COAL INDIA LTD.

JUDGEMENT

(1.) In this writ petition as filed under Article 226 of the Constitution of India the writ petitioners being the legal heirs and successors-in-interest of one Mahadeb Banerjee, since deceased while disputing the correctness and legality of the office order dtd. 14/3/2006 vide reference no.ECL/FINANCE/CA/2015-16/ has prayed for issuance of Writ of Mandamus directing the respondents to revoke and/or cancel and/or withdraw the said order dated March 14, 2016 with further direction for calculating the legitimate dues of the said Mahadeb Banerjee, since deceased.

(2.) In support of the instant writ petition Mr. Lahiri, learned advocate for the petitioners at the very outset draws attention of this Court to the order dtd. 14/3/2016 as passed by the respondent no.3 regarding retiral benefits and other dues including arrear salary of the deceased, Mahadeb Banerjee. It is contended that though such order dtd. 14/3/2016 has been passed in compliance to the order of a Co-ordinate Bench as passed in WP no.11903 (W) of 2009 the said order is absolutely arbitrary in view of the fact that in the said order dtd. 14/3/2016 the predecessor-in-interest of the present writ petitioners has been described as Assistant Teacher with a sole intention to deprive him to get pay scale of a Head Master. Drawing attention to page nos.88 and 95A it is argued by Mr. Lahiri that from the aforesaid two documents which has been issued by Moira Colliery Junior High School, which is a school owned and controlled by respondent no.6/Organization it would reveal that the said Mahadeb Banerjee, since deceased was working as Head Master of the said school.

(3.) In course of his argument Mr. Lahiri further contended that since during the life time of Mahadeb Banerjee, he was illegally terminated, the said Mahadeb Banerjee, since deceased filed a Title Suit against the respondent nos. 5 and 6 praying for a declaration that he is a direct employee under the defendant/ respondent no.6 and have to get his name restored in the master roll of the defendant/respondent no.6 and is entitled to get salary, etc. It is argued that the said suit was decreed by the learned trial court declaring that the said Mahadeb Banerjee, since deceased is a direct employee of the defendant/ company with a further declaration that he is entitled to recovery of all benefits carrying with the service as provided to the other employees of the defendants"/respondents' company.