JUDGEMENT
VIRENDER SINGH, J. -
(1.) Not only the appellant -SAIL has not taken the pain to remove the defects as pointed out, even after 7/8 months of
the main appeal, in June, 2015, a formal application for
condonation of few days delay in filing the appeal has also not
been moved in which regard the concerned official of the
Branch has also not pointed out the said defect which depicts
the casual approach of the concerned official. Registrar General
to look into it and report on administrative side.
(2.) It needs to be mentioned here that when the instant appeal was not taken up for a considerable time, counsel for the
respondents made a prayer for taking up the same stating that
the appellant -SAIL has not implemented the order of the
learned Writ Court within the stipulated period of eight weeks
as indicated in the operative part of the order which is adversely
affecting the respondents -writ petitioners. It is how we have
taken the instant appeal on Board, which is at admission stage
and now being heard with the consent of the learned counsel
for both the sides.
(3.) Husband of respondent no.1 and father of respondent no.2, who was employed with the appellant -SAIL
(for short "SAIL"), developed kidney problem for which he was
referred to C.M.C Vellore and ultimately died in the year, 2010.
The deceased employee sent a letter on a plain paper requesting
SAIL to give appointment to his son on compassionate ground
with a further request for accepting his resignation. The said
application/request remained pending with SAIL for
considerable period and ultimately rejected vide order dated
10.12.2014 on the ground that the application was made on a plain paper by the deceased employee without conforming to
the prescribed procedure. The other ground taken was that in
case the application had been received in the prescribed form,
the same would have been processed and forwarded before the
Medical Board on whose recommendation thereafter, case of
compassionate appointment could be considered. It gave cause
to the respondents -petitioners to knock at the door of the Court
through the medium of W.P.(S) No. 3874 of 2013. The learned
Writ Court after considering all the aspects ultimately allowed
the writ petition quashing the impugned order of rejection dated
10.12.2014 and remanded the matter to SAIL to give a fresh consideration to the claim of the respondents -writ petitioners
for compassionate appointment in accordance with law within a
period of 10 weeks.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.