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2009 Supreme(SC) 1099

H.L.DATTU, TARUN CHATTERJEE
Eastern Coalfields Ltd – Appellant
Versus
Anil Badyakar – Respondent


Advocates Appeared: For the Appellant:Anip Sachthey, Advocate. For the Respondents:Shree Pal Singh, Anip Sachthey, Advocates.

Judgment :-

H.L. Dattu, J.

Leave granted.

2) Challenge in this appeal is to the judgment of a Division Bench of High Court of Calcutta rejecting the appeals filed by the appellant and thereby confirming the order passed by learned Single Judge in Writ Petition No. 16515 of 1994 dated 14.8.2003.

3) The issue that would arise for our consideration is, whether or not in the facts and circumstances of the case, the appointment made in respect of respondent, who is the son-in-law of the deceased after 12 years, would negates the very object of compassionate appointment.

4) The facts in brief are :-

One Kalo Dome, the father-in-law of the petitioner, while he was in service of Samla Colliery, ECL, under coal India Limited, died on 31st December, 1981. After the death of said Kalo Dome, his wife submitted an application for employment on compassionate grounds. Subsequently, on March 7, 1983, the elder daughter of Kalo Dome also made an application for compassionate appointment. Ultimately, the dispute among the heirs was settled and all the heirs of Kalo Dome submitted "No Objection" in favour of the respondent for employment on compassionate grounds. It was not out of place to mention tha































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