Tumpa Muchi And ANR v. Coal India Limited And ORS

01.12.2023 Court No. 13 Item No. 12 AP WPA 6043 of 2022 Smt. Tumpa Muchi and Anr.

Vs.

Coal India Limited & Ors.

Mr. Prolay Bhattacharya Ms. Tanusree Ghosh ... For the Petitioners.

Ms. Tanushree Dasgupta Ms. Komal Shaw ... For the ECL.

1.

The issue as regards the compassionate employment on account of death of Habu Muchi has been conclusively addressed by a Coordinate Bench in its order dated 22nd July, 2022.

2.

What remains was consideration of the Monthly Monetary Cash Compensation (hereinafter referred to "MMCC").

3.

A report was directed to be filed by the ECL. An exception thereto has been taken by the petitioner. Admittedly, the wife of the deceased was being taken care of by the petitioner No.1 and her husband.

4.

It is well-settled that compassionate employment and MMCC are measures adopted to tide over an immediate financial crisis that a family may be confronted with upon the death of a deceased employee. The employee died in the year 1996.

5.

A consideration of either MMCC or compassionate employment after 27 years of the death of an employee does not and cannot arise. The petitioners are the daughter and son-in-law of the deceased.

6.

For the same reasoning as given by the Coordinate Bench in its order dated 22nd July, 2022, the prayer for MMCC to the petitioners is also rejected.

7.

The order dated 3rd October, 2023 need not be given effect to in view of the observations made hereinabove. 8.

The writ petition fails and hereby dismissed. 9.

There shall be no order as to costs.

10.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)