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IN THE HIGH COURT AT CALCUTTA
Tapabrata Chakraborty, Partha Sarathi Chatterjee, JJ.
Steel Authority of India Ltd. & Anr. – Petitioners
Versus
Abha Ghosh & Ors. – Respondents
WPCT 62 of 2021
Decided On : 06-08-2024
Compassionate Employment - Death in Harness - Circulars 02/2012, 29/2012 - The court interpreted the provisions of the circulars regarding compassionate employment, emphasizing that death due to a debilitating disease should be considered for compassionate benefits even if medical invalidation was not certified before death.
Fact of the Case:
The case involves a writ petition by Steel Authority of India challenging a tribunal's order regarding the compassionate appointment of an employee's son after the employee's death from a debilitating disease without prior medical invalidation certification.
Finding of the Court:
The court found that the employee's death should be treated as a case for compassionate employment despite the lack of medical invalidation certification, as the employee was undergoing treatment for a debilitating disease.
Issues: Whether the death of an employee suffering from a debilitating disease should be classified as death on medical invalidation or natural death for the purpose of compassionate employment.
Ratio Decidendi: The court held that the provisions of the compassionate employment scheme must be interpreted to include cases where an employee dies from a debilitating disease, even if medical invalidation was not certified before death.
Result: The writ petition was disposed of without interference, affirming the tribunal's direction to consider the compassionate employment claim.
JUDGMENT :
Tapabrata Chakraborty, J.
1. The present writ petition has been preferred by Steel Authority of India (in short, SAIL) and its functionaries challenging an order dated 11.04.2018 passed by the learned Tribunal in the original application (hereinafter referred to as OA), being OA 612 of 2016 and the order dated 19.11.2018 passed in the review application being RA 15 of 2018.
2. The issue which arises for consideration is as to whether the death in harness of an employee of Durgapur Steel Plant (in short, DSP), a unit of SAIL, suffering from a debilitating disease, would be treated as death on medical invalidation or natural death in view of the provisions contained in the circulars being Sl. No. 02/2012 dated 31.01.2012 and Sl. No. 29/2012 dated 10.05.2012 before being certified as medically invalid by the competent medical board.
3. For adjudication of the lis, the following dates would be necessary:
| a) | 31.01.2012 | Circular containing guidelines and procedure for dealing with compassionate cases; |
| b) | 10.05.2012 | Circular detailing procedure for implementation of the guidelines; |
| c) | 09.08.2015 | Khagendranath Ghosh (in short, Khagendra) was admitted at DSP main hospital; |
| d) | 11.08.2015 | Khagendra discharged from the said hospital; |
| e) | 26.08.2015 | Khagendra was again admitted at DSP main hospital; |
| f) | 31.08.2015 | Memo issued by the Director I/C (Medical & HS) to the Clinical Director, Fortis Hospital; |
| g) | 04.09.2015 | Khagendra underwent operation; |
| h) | 09.09.2015 | Biopsy report revealing that Khagendra was suffering from ‘Metastatic adenocarcinoma’; |
| i) | 25.09.2015 | Khagendra was discharged from Fortis Hospital; |
| j) | 29.09.2015 | Khagendra was again admitted at Fortis Hospital in critical condition and on the same date Khagendra submitted a representation to avail compassionate benefits for his son, namely, Tanmoy Ghosh (in short, Tanmoy); |
| k) | 07.10.2015 | Khagendra expired; |
| l) | 09.10.2015 | Khagendra’s name was struck off from the rolls of DSP; |
| m) | 28.10.2015 | Date fixed for examination before the Medical Disability cum Invalidation Board (in short, MDB); |
| n) | 04.01.2016 | Khagendra’s widow, namely, Abha Ghosh (in short, Abha), applied for grant of compassionate appointment to Tanmoy; |
| o) | 30.01.2016 | Order passed by the petitioner no. 5 refusing the prayer for compassionate appointment; |
| p) | 11.04.2018 | Order passed by the learned Tribunal in OA 612/2016 preferred by the respondents herein challenging the order dated 30.01.2016; |
| q) | 18.09.2018 | Review application preferred by the petitioners herein challenging the order dated 11.04.2018; |
| r) | 19.11.2018 | Order passed by the learned Tribunal in the review application; |
4. Mr. Bhattacharyya, learned advocate appearing for SAIL and its functionaries, the petitioners herein submits that had the respondents opted for the Employees Family Benefit Scheme, then on depositing the provident fund and gratuity amount they would have been entitled to a monthly payment of Rs. 40,335/-.
5. He would urge that the petitioners cannot be directed to act contrary to the circulars dated 31.01.2012 and 10.05.2012 (hereinafter referred to as the Scheme) laying down the provisions towards grant of employment on compassionate grounds. The Scheme which had been framed with good intent and purpose cannot be bypassed. The Scheme does not contemplate compassionate employment on medical invalidation ground of the concerned employee in the absence of certification by MDB that a debilitating disease was the cause of the employee’s death. Where the petitioners have acted bona fide and declined to appoint Tanmoy, such exercise of authority cannot be interfered with. Shortly put, the petitioners cannot be directed in exercise of the authority of judicial review to do something which is beyond the Schem
AI
Compassionate employment claims should not be denied solely due to the absence of medical invalidation certification if the employee was suffering from a debilitating disease.
The main legal point established in the judgment is the significance of immediate consideration for Medical Invalidation in cases of Compassionate Appointment, and the obligation of the Authority to ....
Compassionate appointments are contingent upon the issuance of a medical invalidation certificate, and undertakings provided under employment benefit schemes are binding and cannot be disregarded.
The main legal point established in the judgment is that the entitlement to seek compassionate employment is subject to the prevailing scheme at the time of application, and having received substanti....
Compassionate appointments can be granted in cases of serious illness or incapacity, even without formal medical certification of unfitness, and discriminatory provisions may be deemed inapplicable.
The right to seek compassionate appointment is not affected by the fact that the deceased employee belonged to a dying cadre. The purpose of compassionate appointment is to provide immediate relief t....
The conflicting views on the applicability of the Scheme for Appointment on Compassionate ground/Payment of Ex-gratia and the need for a definitive interpretation of Clauses 8.1 and 8.2 of the Scheme....
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