THE STEEL AUTHORITY OF INDIA LIMITED Vs. SANGITA GUPTA
LAWS(JHAR)-2016-2-98
HIGH COURT OF JHARKHAND
Decided on February 16,2016

The Steel Authority Of India Limited Appellant
VERSUS
Sangita Gupta Respondents

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.;


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