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2007 DIGILAW 888 (JHR)

Sunita Devi v. Bccl

2007-12-03

N.N.TIWARI

body2007
ORDER Narendra Nath Tiwari, J. 1. learned Counsel for the petitioner is permitted to add the General Manager, Kusunda Area, M/s. BCCL, Kusunda, District-Dhanbad as the respondent No. 6 in this writ petition. 2. In this writ petition the petitioner has prayed for a direction on the respondents to take decision regarding the petitioners claim of compassionate appointment and for payment of monetary compensation from 27.8.1991 and also for payment of death-cum-retiral benefits payable to the petitioner after the death of her husband. It has been stated that earlier the respondents had passed an order sanctioning appointment of the petitioner on compassionate ground in the year 1991, but due to some objection and litigation by the family members, final order was not passed by the respondents. After the matter was finally decided in Succession Certificate Case No. 99/94 followed by Succession Miscellaneous Case No. 18/97, the petitioner filed representation before the respondents to issue the order for her posting and also for releasing the payments in her favour. But in spite of repeated requests and representations, the respondents have not passed any order till date. A counter affidavit has been filed on behalf of the respondents stating, inter alia that the respondents cannot be defaulted for delay in decision of the matter which was under litigation with some other persons. 3. After hearing learned Counsel for the parties and perusing the documents and materials on record, this writ petition is disposed of giving liberty to the petitioner to file fresh representation giving details of her claims before the General Manager. Kusunda Area, M/s. BCCL, Kusunda, Dhanbad (respondent No. 6). If such representation is filed, the said respondent shall consider the petitioners claims and pass appropriate order in accordance with law within a period of six weeks from the date of receipt of such representation. If the petition is found entitled for the claim(s) made by her, the consequential order regarding her posting must be passed within a period of four weeks thereafter and the monetary benefit(s), found payable to the petitioner, shall also be paid to her with admissible statutory interest within the said period.