Supreme CourtDivision Bench

General Manager Mugma Area,Eastern Coalfields Ltd. vs Kabita Bhuinya & Ors.

Supreme Court Of India · Decided on 22 November 2019 · Citation: (2019) 11 SC CK 0192

HON’BLE JUDGES
L. Nageswara Rao, J · Hemant Gupta, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 8975 Of 2019
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Judgment

6 paragraphs · 240 words

Leave granted.

The Respondent No.1's husband was an underground loader in Kapasara Colliery, Mugma Area, Eastern Coalfields Limited, District Dhanbad. He was dismissed from service for unauthorized absence on 24.11.1999. He died on 22nd July, 2005. The said Respondent filed a writ petition in the High Court challenging the order of dismissal and seeking compassionate appointment. The writ petition was allowed on 20th June, 2013. The order of dismissal was set aside and Respondent No.1 was directed to be given compassionate appointment within a period of three months. The judgment in the writ petition was upheld by a Division Bench of the High Court.

The Management has filed the above appeal questioning the correctness of the judgment of the High Court.

In spite of service of notice, Respondent No.1 has not entered appearance.

The learned counsel appearing for the appellant submitted that Respondent No.1 accepted an amount of Rs.5,97,093.10/- towards full and final settlement of her claim. We directed the learned counsel to file an affidavit given by Respondent No.1 to the effect that her claim has been settled. An affidavit sworn by Respondent No.1 before Executive Magistrate in Dhanbad on 30.10.2019 in which she stated that she has received the amount mentioned above towards full and final settlement, has been placed on record.

No further order need be passed and the appeal stands disposed of in terms of the settlement between the parties. Pending application(s) also stand disposed of.