SUNIL GAUR
SHOBHIT SRIVASTAVA – Appellant
Versus
NATIONAL THERMAL POWER CORPORATION (NDPC) LIMITED – Respondent
1. In this petition, compassionate appointment is sought by first petitioner in view of untimely death of his father, who was working as Senior Manager in National Thermal Power Corporation (hereinafter referred to as NTPC).
2. Learned counsel for petitioners submits that as per Clause 5.8 of the Memorandum of Agreement (Annexure P-3) between the employees and the employer/respondent-NTPC, an employee is entitled to compassionate appointment. However, the stand of respondent-NTPC in its counter affidavit is that the Memorandum of Agreement (Annexure P-3) is applicable to workmen and not to Officer Class which includes Executive as well as Non-Executive, but not Trainees/Apprentices.
Learned counsel for petitioners further submits that compassionate employment has been granted in cases of Shakuntala Bai Pandey (Smt.) v. National Thermal Power Corporation Limited, 1995 Supp (3) SCC 680; Smt.Mala Singh v. National Thermal Power Corporation in W.P.(C) 5641/1998 rendered on 11th July, 2011 by Allahabad High Court and Pitambar Das Manikpuri v. National Thermal Power Corporation Ltd. & Ors., 2012 SCC Online Chh 95 and so, on parity, first petitioner is also entitled to compassiona
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