EASTERN COALFIELDS LTD. Vs. MALATI BHUIANI AND ORS.

JUDGEMENT

(1.) Aggrieved by the judgement and order dated September 11, 2013 passed in W.P. No.1017 of 2011, this intra-court Writ Appeal has been filed.

(2.) The judgment impugned to this appeal has been assailed on two grounds. The first is that this Court did not have jurisdiction to entertain the writ petition filed by the petitioner praying for a writ in the nature of mandamus commanding the appellants herein (respondent in the writ petition) to give her appointment on compassionate grounds. The learned counsel for the appellant relies on paragraphs 24 and 25 of a judgement of a Division Bench of this Court in Eastern Coalfields Limited v. Sudama Das and Ors., reported in 2007 (1) CHN 851 .

(3.) The case of the appellant is that the father-in-law of the writ petitioner/respondent No.1 was an employee of Eastern Coalfields Limited and was serving in Dhanbad. After his death, his son Mahendra Bhuiani, the deceased husband of the writ petitioner, had made an application before the General Manager, Mugma area, Eastern Coalfields Limited for providing him with an employment under the National Coal Wage Agreement - V and the said prayer for appointment was duly approved by the authority and was communicated to the agent, Badjna Colliery on June 12, 2008 under reference No.ECL/CGM/MA/P-II(Expl.)/2008/1283 by the Chief Personnel Manager. According to the appellant, unfortunately the husband of the writ petitioner expired on June 19, 2008, that is, before the appointment letter could be issued in favour of the deceased husband of the writ petitioner and he, thus, did not join his duty. According to him, the said Mahendra Bhuiani, since deceased, did not become an employee of the Eastern Coalfields Limited as was not in service.