An interlocutory application seeking to implead Babita Kumari as a respondent due to her objection regarding the petitioner's compassionate appointment claim was allowed and disposed of.
I.A No. 6433 of 2013 allowed; Babita Kumari impleaded as party respondent no.6.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 667 of 2012
…..
Kabita Kumari daughter of late Ram Dayal Yadav Resident of village Chouri P.O Chouri P.S Daudnagar, Dist. Aurangabad (Bihar) at present resident at New Colony Sirgija P.O Bhutgaria P.S Jharia Dist. Dhanbad
….. …. Petitioner
….. …. Respondents
CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr.H.C. Prasad, Advocate For the Respondents : Mr. Anoop Kumar Mehta
07 / Dated 21st July, 2015
I.A No. 6433 of 2013
Heard Mr. H.C. Prasad, learned counsel for the petitioner, Mr. Anoop Kumar Mehta and Mr. Shailesh Kumar, learned counsel for the respondents.
Mr. Shailesh Kumar, learned counsel for the respondent has filed interlocutory application being I.A No. 6433 of 2013 with a prayer to allow the applicant to intervene in the matter by impleading him as a party respondent. It has been submitted by Mr. Shailesh Kumar that Babita Kumari along with her sister Sabita Kumari has raised objection with respect to the marital status of the petitioner and based on the said objection an inquiry was conducted and the claim of the petitioner for grant of compassionate appointment was rejected, which is the subject matter of the present writ application. It has therefore been submitted that Babita Kumari being one of the daughters of the deceased employee and one of the objectors, be impleaded as a party respondent.
Mr. H.C. Prasad, learned counsel for the petitioner has objected to the prayer made in the interlocutory application.
On going through the facts of the case, it appears that Babita Kumari being one of the daughters of the deceased employee and who had raised an objection when the compassionate appointment of the petitioner was being considered is a necessary party and therefore in such circumstances this application is allowed.
2
Let Babita Kumari be impleaded as a party respondent no.6 in the main writ application.
I.A No. 6433 of 2013 stands allowed and disposed of. List this case on 24th July, 2015 for 'Admissions'.
(Rongon Mukhopadhyay, J.)
Anjali
2 issues framed by the court
Whether Babita Kumari, a daughter of the deceased employee who raised an objection to the petitioner's claim, should be impleaded as a necessary party respondent.
Whether the prayer to implead Babita Kumari as a party respondent in I.A No. 6433 of 2013 shall be allowed.
Kabita Kumari
The Bharat Coking Coal Limited
The Deputy Chief Personnel Manager, Kustore Region Bharat Coking Coal Limited
Babita Kumari
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
