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2011 DIGILAW 2295 (RAJ)

Bhikha Devi v. The Rajasthan Mines and Mineral Limited

2011-11-01

DINESH MAHESHWARI

body2011
JUDGMENT 1. - The application moved by the petitioner (IA No.12663/2011) for amendment of the cause-title and correct description of the respondents, looking to the circumstances of the case, is allowed. The amended cause title already filed is taken on record and be placed appropriately. 2. The petitioner has filed this writ petition stating the grievance that the respondents have not accorded the benefit of revision of pay scale to her late husband, who had been in employment of the respondent No.1 and who was allowed to take voluntary retirement w.e.f. 28.02.1998. The petitioner has pointed out that her husband died on 08.11.2003 and after the death of her husband, she was granted family pension. According to the petitioner, her husband was very much entitled to the benefit of the Revised Pay Scale Rules, 1998 whereby and where under his pay was required to be revised w.e.f. 01.09.1996 and hence, pension was also required to be revised accordingly. 3. It appears that before approaching this Court, the petitioner served a notice through her lawyer on 10.08.2009 (Annex.P/4) ventilating her grievances and calling upon the respondents to grant the necessary reliefs. It is not borne out from the record that if the said notice received due consideration by the respondents. As the employers of the welfare State, it was definitely required of the respondents Nos. 1 to 3 that such a notice was duly attended at and requisite decision was taken thereupon without delay. Having regard to the circumstances of the case, interest of justice shall be served if the respondents Nos. 1 to 3 are directed to consider the notice as served by the petitioner as a representation made by her and to take a decision thereupon without further delay; and in any case, within 30 days from the date of receipt of certified copy of this order. 4. Accordingly, this writ petition is partly allowed to the extent and in the manner that the respondents Nos. 1 to 3 are directed to take a decision on the notice/representation dated 10.08.2009 (Annex.P/4) within 30 days from the date of receipt of copy of this order. There shall be no order as to costs.Writ Petition Partly Allowed. *******
Bhikha Devi v. The Rajasthan Mines and Mineral Limited — 2011 DIGILAW 2295 (RAJ) | DigiLaw