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2013 DIGILAW 1066 (JHR)

Chhaya Devi v. Central Coalfields Limited

2013-09-17

APARESH KUMAR SINGH

body2013
Order Heard learned counsel for the parties. 2. The petitioner has approached this Court for directing the respondents to allow her to join and work in view of the appointment letter dated 13th January, 2012, issued by respondent no. 3, General Manager (KTA), Central Coalfields Ltd., Kathara Area, District-Bokaro. 3. According to the petitioner, she was married to one Duryodhan Mahali on 28th June, 2006 and out of the said wedlock two children were also born. The said Duryodhan Mahali was working in Grade-Ex-EPH at Kathara Colliery when he died on account of accident within the premises of the Company on 13th January, 2012 itself. A Fardbeyan of the petitioner was recorded by S.I. at Gomia Police Station being U.D. Case No. 2 of 2012. It is submitted on behalf of the petitioner that the Respondents-C.C.L. themselves issued appointment letter on 13th January, 2012 (Annexure-7) in view of sudden death of the husband of the petitioner, Duryodhan Mahali with condition that necessary requirements and formalities under Clause 9.3.0 of NCWA-VIII would be fulfilled by the petitioner within a month. It is contended on behalf of the petitioner that she as well as her mother-in-law both have sworn affidavit in support of her claim. Her mother-in-law stated that she has no objection to her appointment (Annexure-8 series). 4. Learned counsel for the petitioner has brought to the notice of the Court that the deceased had preferred a Matrimonial Suit against one Anita Devi, his erstwhile wife, being Matrimonial Title Suit No. 3 of 1997 for dissolution of marriage, which was decreed on 10.12.2001. According to the petitioner, she has sufficient proof of the marriage with the deceased. However, the respondents have not allowed her to join and work where she has been appointed. The respondents have not even released or paid any death-cum-retiral dues of the deceased employee. The petitioner has made a representation before the respondent no. 4, Project Officer, C.C.L. on 2nd January, 2013 vide Annexure-12 making a claim for death-cum-retiral dues as also with request to allow her to submit joining at the place where she has been appointed. However, no action has been taken, therefore, she has been compelled to move this Court. 5. The petitioner has made a representation before the respondent no. 4, Project Officer, C.C.L. on 2nd January, 2013 vide Annexure-12 making a claim for death-cum-retiral dues as also with request to allow her to submit joining at the place where she has been appointed. However, no action has been taken, therefore, she has been compelled to move this Court. 5. Learned counsel for the petitioner, therefore, submits that the respondents may be directed to take an informed decision on representation of the petitioner in lieu of all the background facts, which have been stated in the writ application as well. 6. Learned counsel for the Respondents-Central Coalfields Ltd. submits that if the petitioner approaches the respondent no. 3, General Manager (KTA), Central Coalfields Ltd., Kathara Area, District Bokaro, with fresh representation together with all necessary facts and documents, an appropriate decision shall be taken in accordance with law after due verification of necessary records. 7. In such circumstances, in a claim relating to compassionate appointment and payment of death-cum-retiral dues, where the petitioner has also stated that provisional letter of appointment was issued vide Annexure-7 dated 13th January, 2012 on the death of one Duryodhan Mahali on the same date by the respondents, at this stage, without making any comments upon the claim of the petitioner, the writ petition is disposed of with liberty to the petitioner to approach the respondent no. 3, General Manager (KTA), Central Coalfields Ltd., Kathara Area, District-Bokaro with fresh representation together with all necessary facts and documents within a period of 3 weeks for redressal of her grievances. On receipt of such representation, the respondent no. 3, General Manager (KTA), Central Coalfields Ltd., Kathara Area, District Bokaro, shall consider the same in accordance with law and after due verification of all relevant service records of the deceased employee and the terms and conditions of the National Coal Wage Agreement as also being satisfied with all such attendant formalities, which are required to be done, take a decision by passing a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner. 8. Accordingly, the writ petition is disposed of in the aforesaid term.