Union of India vs Sankari Roy - 2023 Supreme(Cal) 1277

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1277

HARISH TANDON, PRASENJIT BISWAS
Union of India – Appellant
Versus
Sankari Roy – Respondent

Advocates Appeared:
For the Petitioners: Mr. Amit Chakraborti, Mr. Sarda Sha, Mr. Samudra Nil Sarkar.

JUDGMENT :

Prasenjit Biswas, J.

1. A moot point which has arisen in this Writ Petition is whether the wife and daughter of the deceased Government employee can challenge the order of termination after his death.

2. The essential facts necessary for disposal of the appeal is that Tapan Kumar Roy (since deceased), husband and father of the Respondents joined in the Indian Railway Service as ex-porter under SM/Sealdah, Eastern Railway on 9th April, 1991. He was removed from service treating him deemed resigned vide termination notice no. E-4/Absence/T.K. Roy (Loose) Sealdah dated- 26th June, 2008 due to his unauthorized absence in excess of six years. He was given opportunity to make representation to the Divisional Operations Manager, Eastern Railway within one month from the date of issuance of termination notice but he did not avail the said opportunity. Subsequently, the deceased employee made the representation before the authority concerned for considering his case again with a prayer for cancelling the said resignation order.

3. The deceased employee knocked the door of the Tribunal by preferring an application therein challenging the termination notice dated 26.06.2008 and the

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