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Judgment
19 paragraphs · 382 wordsA Mukhopadhaya, Member (A)
Shri Santosh Kumar, learned counsel for the applicant, is not present and sent a telephonic message even as the case, having been passed over
once, was called again, stating that he is unable to attend court proceedings as he is in some difficulty and therefore seeks an adjournment. In these
circumstances, Shri Ashutosh Pathak, learned counsel for the respondents, while accepting notice for the respondents, sought to assist the Court in this
matter and suggested that since the applicant has made a representation to the respondents on 16.04.2021 for compassionate appointment in this case,
(Annexure-2), and has also expressed some apprehension of adverse developments if this matter is not addressed promptly, the same can perhaps be
addressed if this representation is decided by way of a reasoned and speaking order. He further stated that in case the representation is to be decided
after giving an opportunity of personal hearing to the applicant, a period of at least two months would be necessary for disposal of the same.
Record of the case was perused. It is observed that the applicant has indeed made a representation on 16.04.2021 for compassionate appointment,
(Annexure - 2), and has also expressed an apprehension, (in the OA), that in case her application is not considered timely, some other party may be
given the appointment to which she feels she is rightfully entitled as per law.
Looking to the aforementioned circumstances as well as the suggestions made by the learned counsel for the respondents, I deem it appropriate, in
the interests of justice and without entering into the merits of the case, to dispose of this OA at the admission stage itself with a direction to the
respondents to consider the representation made to them on 16.04.2021, (Annexure -2), and after affording an opportunity of a personal hearing to the
applicant, pass a reasoned and speaking order on the same in accordance with law and convey this to the applicant within a period of two months
from the date of receipt of a certified copy of this order.
Original Application is disposed of accordingly.
There will be no order on costs.
A copy of this order may also be sent to the learned counsel for the parties by e-mail.