While issuing notice by this Court dated 30 January 2017, the operation and effect of the interim order dated 24 August, 2016 was stayed by this Court. Learned Single Judge, after examining the effect of the settlement agreement (NCWA) which is binding on the parties and the material on record allowed the writ petition with a direction to consider the candidature of the respondent(dependent) for compassionate appointment in terms of the settlement agreement(NCWA) under its judgment dated 21 December, 2015 that became the subject matter of challenge at the instance of the present appellants by filing of a writ appeal before the Division Bench of the High Court. At one stage, we were of the view to decide the appeal on merits rather to relegate the parties to get the writ appeal examined on merits by the High Court but after we have looked into the records, we are of the view that it may be advisable and in the interest of justice that the writ appeal pending before the High Court may be heard on merits. The present appeal is directed against the interim order passed by the Division Bench of the High Court impugned dated 24 August, 2016, while declining to grant interim relief in the pending writ appeal, appellants were directed to ensure compliance of the order impugned passed by the learned Single Judge dated 30 November, 2015 which was a subject matter of challenge in the writ appeal before the Division Bench of the High Court. While issuing notice by this Court dated 8 May 2017, the operation and effect of the interim order dated 24 August, 2016 was stayed by this Court.
Learned Single Judge, after examining the effect of the settlement agreement (NCWA) which is binding on the parties and the material on record allowed the writ petition with a direction to consider the candidature of the respondent(dependent) for compassionate appointment in terms of the settlement agreement(NCWA) under its judgment dated 30 November, 2015 that became the subject matter of challenge at the instance of the present appellants by filing of a writ appeal before the Division Bench of the High Court. At one stage, we were of the view to decide the appeal on merits rather to relegate the parties to get the writ appeal examined on merits by the High Court but after we have looked into the records, we are of the view that it may be advisable and in the interest of justice that the writ appeal pending before the High Court may be heard on merits.
Also Read: https://newslaw.in/case-type/civil/regularization-of-village-level-workers-in-tamil-nadu/
Case Title: SOUTH EASTERN COALFIELD LTD. AND ORS. Vs. GULSHAN PRAKASH (2023 INSC 141)
Case Number: C.A. No.-008726-008726 / 2018
