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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN, SUJOY PAUL
Steel Authority of India Limited – Appellant
Versus
Tanushree Dey – Respondent
| Table of Content |
|---|
| 1. claim for compassionate appointment based on death. (Para 2 , 3 , 4) |
| 2. arguments regarding sail's rejection of claim. (Para 5 , 6 , 8 , 9) |
| 3. court's analysis on the validity of the committee report. (Para 11 , 12 , 13 , 14 , 15 , 17 , 18 , 19) |
| 4. decision for re-evaluation of claim by employer. (Para 20 , 21) |
| 5. final order for compassionate appointment review. (Para 22) |
SUJOY PAUL, A.C.J.
1. Heard Mr. Arjun Roy Chowdhury, learned counsel for the petitioners and Mr. Shyamal Kumar Das, learned counsel for the respondents on admission.
2. This is second visit of the petitioners/Steel Authority of India Limited (SAIL) to this court about the claim of compassionate appointment by dependents upon death of Shri Nirmal Chandra Dey, an employee of SAIL, who died in harness on 25.01.2016.
3. Draped in brevity, the admitted facts between the parties are that Shri Nirmal Chandra Dey was an employee of SAIL, who fell down during duty hours in the industry and was taken to hospital run by SAIL. On 25th January, 2016, he fell down at around 12:15 p.m. and when he was taken to hospital, after getting treatment, he expired at around 2:20 p.m.
4. This is also admitted fact that for the
The court reaffirmed that the post-mortem report is the definitive evidence for claims of compassionate appointment, overriding employer committee findings on medical causes of death.
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 appointment must be strictly followed in accordance with the relevant schemes and guidelines, and any deviation from the scheme is not permissible.
The main legal point established in the judgment is the entitlement of the petitioner to compassionate appointment under the National Coal Wages Agreement-IX (NCWA-IX) and the court's emphasis on tim....
Compassionate appointment limited to immediate financial distress post-employee death; 23-year delay disqualifies claim despite valid adoption.
Compassionate appointment policies prioritize immediate relief for families of deceased employees, and delays must be evaluated in context rather than strictly adhered to, especially when financial d....
Delay in application for compassionate appointment can be excusable if adequately explained, especially when the applicant's family faces financial distress, emphasizing the intent to provide immedia....
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