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Bhanu Devi vs Bharat Coking Coal Limited And Others

Jharkhand High Court · Decided on 28 June 2022 · Citation: (2022) 06 JH CK 0034

HON’BLE JUDGES
Anubha Rawat Choudhary, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (S) No. 4453 Of 2018
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Judgment

8 paragraphs · 360 words

Anubha Rawat Choudhary, J

1.

Nobody appears on behalf of the petitioner.

2.

Learned counsel for the respondents is present.

3.

This writ petition has been filed for the following reliefs:-

(i) “For the direction upon the respondents to take a final decision in the matter of the petitioner application which she has applied under the Coal India Special Female VRS-2015, wherein her application has been shortlisted and admittedly lying pending for final decision before the respondent No. 1 and 2 ever since 2016, although, out of 178 applications she is one of them, and even till after filing several at representation, the respondent answer is only “pending for final decision.”

(ii) For the Direction upon the respondents to consider the application of the petitioner within a time frame because, the petitioner is going to retire on 31st of August, 2018 although, she is waiting for the final decision ever since 2016, (i.e. 5.2.16) the day she has filmdom application appointment of her son.”

4.

Learned counsel for the respondents submits that no relief as prayed for in the writ petition can be granted to the petitioner in view of the fact that the petitioner is claiming relief under Coal India Special Female Voluntary Retirement Scheme-2015 which has already been declared ultra vires by this court by a judgment dated 27th August, 2018 passed in W.P. (S) No. 1622 of 2017 and other analogous cases (Annexure-A to the counter affidavit). He also submits that the civil review applications arising out of the aforesaid judgment has also been dismissed by judgment dated 26.08.2021 passed in Civil Review No. 12 of 2019 and Civil Review No. 10 of 2019 (Annexure-B to the counter affidavit).

5.

After hearing the learned counsel for the respondents this court finds that the petitioner is seeking mandamus upon the respondents to consider her application under the Coal India Special Female VRS-2015, which has already been declared ultra vires by this court which is apparent from annexure -A and B to the Counter affidavit and accordingly, no relief as prayed for by the petitioner can be granted in this writ petition . Accordingly, this writ petition is dismissed.