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2022 Supreme(Jhk) 388

S.N.PATHAK
Biro Devi – Appellant
Versus
Central Coalfield Limited through its Chairman-cum-Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ratnesh Kumar, Advocate
For the Respondents:Mr. Amit Kumar Das, Advocate

JUDGMENT :

1. Heard learned counsel for the parties.

2. Petitioner has approached before this Court with a prayer for quashing the order dated 25/28.07.2020, passed by respondent no. 5, whereby claim of the petitioner for employment under Clause 9.3.2 of NCWA has been rejected by totally non-speaking order. Petitioner has further prayed for quashing the order dated 24.05.2011, passed by respondent no. 7 whereby husband of the petitioner – Saldeo Oraon was removed from service after his death on 18.04.2011 and on this account the order dated 24.05.2011 of removal from service is void-ab-initio and nullity of law in view of fact that no order of removal from service can be passed against a dead person as departmental proceeding automatically lapses/ terminates/abates against the employee by reason of death. Petitioner has further prayed for a direction upon the respondents to consider his claim for employment in the respondent Company under the provision of Clause 9.3.2 of NCWA.

3. As per factual matrix, husband of the petitioner namely Saldeo Oraon was appointed in the service of M/s. CCL in Argadda Colliery on 09.10.1990 as Piece Rated worker and thereafter he performed his duties wit

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