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2024 Supreme(Cal) 819

PARTHA SARATHI SEN
Rekha Banerjee – Appellant
Versus
Chairman, Coal India Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arup Kumar Lahiri, Adv., Mr. Subrata Bhattacharyya, Adv.
For the Respondents: Mr. Soumya Majumder, Adv., Mr. Victor Chatterjee, Adv., Mr. Ranjit Talukder, Adv.

JUDGMENT :

(Partha Sarathi Sen, J.)

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 dated 14.03.2006 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 dated 14.03.2016 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 dated 14.03.2016 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 dated 14.03.2016 the predecessor-in-interest of the p

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