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2016 Supreme(Cal) 177

NISHITA MHATRE, RAKESH TIWARI
Eastern Coalfields Ltd – Appellant
Versus
Dewanti Kumari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Alok Kumar Banerjee, Ms. Sanchita Barman Roy
For the Respondents: Mr. Partha Ghosh

JUDGMENT :

Nishita Mhatre, J.:

1. The appeal is directed against the judgment and order of the learned Single Judge allowing the writ petition filed by the Respondent No.1. It is an absolutely frivolous and dishonest appeal preferred by the Appellant as there are judgments of several different Division Benches of this Court which have already decided the issues raised before us by the appellant. These judgments have not been impugned by the Appellant before the Supreme Court and therefore are in the field today. The appeal has been filed only to harass the respondent who is a female dependant of an employee who died on duty.

2. The father of Respondent No.1 died in harness in the year 1997 while working with the Eastern Coalfields Ltd. She claimed appointment on compassionate grounds and payment of compensation on the death of her father. The application was rejected by Eastern Coalfields on the ground that she had not exercised her option immediately after her father’s death as to whether she wanted employment or compensation.

3. Aggrieved by this decision of Eastern Coalfields, the Respondent No.1 filed a writ petition before this Court. The learned Single Judge in the impugned order


































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