Lalita Devi and Anr. Vs W.B.S.E.D.C.Ltd and Ors. — Calcutta HC (2024) — LawSathi Research

Lalita Devi and Anr. Vs W.B.S.E.D.C.Ltd and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioners to approach the appropriate Civil Court for redressal of their grievances; no mandamus for payment of gratuity issued and the rejection of compassionate appointment was not disturbed in the writ jurisdiction.

Issue for consideration

Whether petitioner no. 2 (Brajesh Kumar Singh), son of the deceased WBSEDCL employee, is entitled to compassionate appointment, his prayer having been rejected by WBSEDCL. +1 more

Ratio / Principle

The dispute involves conflicting claims (two purported wives with competing succession certificates, and multiple claimant heirs backed by a civil court order), so the matter is tainted with disputed questions of fact which cannot be resolved in writ jurisdiction.

Key takeaways

In view of the disputed questions of fact and the order dated 11th October, 2023 refusing compassionate appointment, the writ petition is disposed of granting the petitioners liberty to approach the appropriate Civil Court for redressal of their grievances.ratio¶12

Detailed headnote1 paragraphs

Writ petition by the widow and son of a deceased WBSEDCL employee who died in harness on 27th January, 2010, challenging (i) the rejection (order dated 11th October, 2023) of petitioner no. 2's prayer for compassionate appointment and (ii) seeking a mandamus for payment of the deceased's gratuity of Rs. 7,98,816/-. WBSEDCL pointed to irreconcilable claims: Balaka Singh (Aadhar No. 475047781234) also claims to be the deceased's wife under a succession certificate dated 23rd May, 2019 from the Principal District and Sessions Judge, Kodarma, while Lalita Devi holds a succession certificate dated 18th April, 2019 from the learned District Judge, Kodarma; additionally, Sanju Singh, Chaina Singh and Amrita Singh obtained an order from the Civil Judge (Senior Division), Purulia directing payment of the gratuity to them. Holding the matter tainted with disputed questions of fact which cannot be gone into in writ jurisdiction, the Court disposed of the writ petition granting the petitioners liberty to approach the appropriate Civil Court for redressal of their grievances. (Arindam Mukherjee, J.)

08.08.2024 Sl. No. 201 Ct. No. 23 Srimanta

WPA/23388/2023

Lalita Devi & Anr.

- Vs.WBSEDCL and Ors.

Mr. Kishore Mukherjee, Ms. Suman Biswas

Mr. Sujit Sankar Koley

…for the petitioners. …for the WBSEDCL.

The petitioner no. 1 claims to be the widow of Jagdeo Narayan Singh (since deceased), a former employee of West Bengal State Electricity Development Corporation Limited (in short, WBSEDCL). Jagdeo Singh died in harness on 27^th January, 2010. Brajesh Kumar Singh, the petitioner no. 2 claims to be the son of Jagdeo Narayan Singh and Lalita Devi. The petitioner no. 2 had sought for compassionate appointment which has been turned down by WBSEDCL. The petitioners have challenged the order rejecting the prayer for compassionate appointment in favour of petitioner no. 2. The petitioners have also sought for a mandamus directing the respondent authorities to pay the gratuity aggregating to Rs. 7,98,816/-. On behalf of WBSEDCL it is submitted that two conflicting claims have been submitted. Petitioner no. 1 is claiming to be the wife of the deceased employee while one Smt.

2

Balaka Singh having Aadhar No. 475047781234 has also claimed to be the wife of the deceased employee. Two succession certificates one issued in favour of Lalita Devi (petitioner no. 1) by the learned District Judge, Kodarma, Jharkhand while another succession certificate in favour of Balaka Singh has been also issued by the Principal District and Sessions Judge, Kodarma, Jharkhand. The succession certificate in favour of Balaka Singh has been issued on 23^rd May, 2019 while that in favour of Lalita Devi (petitioner no. 1) appears to have been issued on 18^th April, 2019. In the proceedings filed by Smt. Balaka Singh, Lalita Devi is opposite party no. 1. It is submitted on behalf of WBSEDCL that in this situation the employer is at a loss as to whom the payment is required to be made. In fact, WBSEDCL has been served with a copy of an order obtained by Sanju Singh, Chaina Singh and Amrita Singh, all claiming to be heiresses of Jagdeo Narayan Singh, the deceased employee from the Court of the Civil Judge (Senior Division), Purulia directing payment of the gratuity of Late Jagdeo Narayan Singh to the said three ladies. The matter is tainted with disputed questions of fact which cannot be come into a writ jurisdiction. There are also orders passed by Civil Courts declaring the respective right and interest.

3

In the aforesaid facts and circumstances particularly when the prayer challenging the refusal to grant compassionate appointment has been turned down by an order dated 11^th October, 2023, this writ petition is disposed of granting the petitioners liberty to approach the appropriate Civil Court for redressal of their grievances.

(Arindam Mukherjee, J.)