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Jharkhand High Court · body

2010 DIGILAW 730 (JHR)

Mostt. Hopenti Devi v. Central Coolfields Limited

2010-07-14

R.R.PRASAD

body2010
Order Heard learned counsel appearing for the petitioner and learned counsel appearing for the Central Coal Field Limited. 2. learned counsel appearing for the petitioner submits that the petitioner's husband, late Mutra Manjhi working as Helper in Religarha Colliery, died-in-harness on 12.10.2003. Thereafter on 4.2.2004, the petitioner filed an application before the appropriate authority for giving employment to her son. On receiving such application, the authority of the CCL intimated vide letter dated 5.10.2004 that she may file application in prescribed form even for getting monetary compensation. Thereupon the petitioner filed an application in prescribed form on 25.11 .2004 for having monetary compensation and also for giving employment to her son. 3. In course of time, petitioner's son, namely, Ram Prasad Manjhi attained majority on 1.8.2006 and then he was given appointment on 16.9.2008 and, therefore, the petitioner, being widow of the deceased employee, is entitled to monetary compensation w.e.f. 12.10.2003 to 31.7.2006, but the same is being not paid to the petitioner and, therefore, the petitioner has moved this Court for directing the respondents to pay monetary compensation to the petitioner for the aforesaid period. 4. learned counsel appearing for the petitioner further submits that the stand which has been taken in the counter affidavit and the supplementary counter affidavit that the decision in that matter could not be taken for the reason that when the application of the son of the petitioner relating to appointment on compassionate ground was received, his name could not be put in the live roster because of the fault of the office but that matter has nothing to do with the matter relating to grant of monetary compensation to this petitioner till the date when her son attained majority and therefore, the petitioner is entitled to have monetary compensation for the period from 12.10.2003 to 31.7.2006: 5. However, learned counsel appearing for the Central Coal Field Limited submits that as S09n as the employment on compassionate ground was given to the son of the petitioner, the petitioner being widow of the deceased employee is not entitled to have monetary compensation. 6. However, learned counsel appearing for the Central Coal Field Limited submits that as S09n as the employment on compassionate ground was given to the son of the petitioner, the petitioner being widow of the deceased employee is not entitled to have monetary compensation. 6. Having heard learned counsel appearing for the parties, I do find that the petitioner has come forward to this Court wherein prayer has been made to grant monetary compensation with effect from 12.10.2003 to 31.7.2006 i.e. from the date on which husband of the petitioner died-in-harness till the date on which the petitioner's son attained majority and was given employment and therefore, under the law there appears to be no impediment in granting monetary compensation to the petitioner for the period from 12.10.2003 to 31.7.2006. 7. Accordingly, the respondent no. 3, General Manager, (P&IR), Central Coalfields Limited, Darbhanga House. Ranchi, is directed to take decision in the matter of grant of monetary compensation to the petitioner for the aforesaid period within a period of six weeks from the date of receipt/production of a copy of this order. 8. With the aforesaid direction/observation, this writ application is disposed of. .