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2017 DIGILAW 659 (JHR)

Arti Devi v. Mineral Area Development Authority

2017-04-10

PRAMATH PATNAIK

body2017
JUDGMENT Pramath Patnaik, J. – Heard learned counsel for the parties. 2. The husband of the petitioner no. 1 was appointed under the respondent-MADA and while serving as Driver, Health Circle, Jharia, MADA died in harness on 10.06.2015. It has been submitted that petitioner had already completed substantial years of his service but till date service benefits as arrears of salary, Provident, leave encashment and other death-cum-retiral benefits as mentioned in paragraph (1) of the writ application has not been paid. It has been submitted that for redressal of her grievances, the petitioner no. 1 has made representations before the competent authority of M.A.D.A vide Annexure 2. Besides, petitioner no. 1 has also preferred a representation on 06.02.2017 for appointment of petitioner no. 2 on compassionate ground. 3. Learned counsel for the petitioners submitted that since the representations of the petitioners did not evoke any response, the petitioners being constrained has approached this Court under Article 226 of the Constitution of India, for redressal of grievances. 4. Learned counsel for the respondents-M.A.D.A, on the other hand, submits that the petitioner may be directed to approach the competent authority i.e. Managing Director, M.A.D.A., who may look into the grievances of the petitioner in accordance with law. 5. In such circumstances, since the matter relates to payment death-cum-retiral dues and other service benefits of the husband of the petitioner no. 1 and for compassionate appointment, the writ petition is disposed of by allowing the petitioner to prefer fresh representations before the respondent-Managing Director, M.A.D.A, Dhanbad together with all supporting facts and documents within a period of three weeks. On receipt of such representation, the respondent-Managing Director, M.A.D.A shall consider the same in accordance with law and after proper verification of the records, pass a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner. It is made clear, if the grievances of the petitioner are found to be genuine and are entitled to legally admissible dues on account of retiral dues and other service benefits, the same shall also be disbursed with statutory interest as per the Scheme framed by the respondents-M.A.D.A, which is applicable to such employees of M.A.D.A. 6. Accordingly, writ petition is disposed of in the aforesaid terms.