Sumitra Devi v. BCCL, through the Chief Managing Director
2019-04-01
RAJESH KUMAR
body2019
DigiLaw.ai
ORDER : 1. Heard counsels for the parties. 2. The petitioner has approached this Court for grant of monetary compensation in terms of the scheme of the Respondents. It is admitted position that husband of the petitioner had died in harness 22/23.03.1989. The application had been made for grant of Compassionate Appointment and that has been conceded vide order dated 27.08.1991 in favour of the petitioner. 3. Subsequent incident had taken place and finally the order for appointment has been withdrawn. Monetary Compensation has been given with effect from 01.05.2008. The only controversy now involved is the date from the petitioners is entitled for Monetary Compensation. A circular dated 13/14.02.1995, has been produced which covers the field. The relevant portion of the circular dated 13/14.02.1995 is quoted hereinbelow:- “In this connection, it has now been decided in the CMD’s meeting held on 8th February 1995 as under:- (i) The above benefits will also be extended to the female dependents of Executives. (ii) In case of female dependents of non-executives or Executive employees, who have already joined the services of the Coal Company and have served for a few years may also be allowed to opt for cash compensation if they so desire. The guidelines for regulating the monetary compensation already circulate vide our letter No. CIL:C5B:MP:ECG:213A dated 12/19th December 1994 are reproduced below:- (1) The payment of monthly basis will be made from the First day of the following month from which the application by the widow/female dependent was made for employment or each compensation. (2) The payment of pension/cash compensation in lieu of employment will be made till the widow/female dependent reaches 60 years of age OR death OR remarriage whichever is earlier. (3) The cash compensation amount will be paid by Money Order or through a Bank Draft to the place of settlement of the dependent without deducting charges for money order or bank draft.” (Emphasis Supplied) 4. Thus, the law is clear that the widow of deceased employee will get the Monetary Compensation from the date of the application made for Compassionate Appointment. 5. In view of above facts and the scheme, the present writ petition is allowed and it is ordered that the petitioner will be entitled for Monetary Compensation with effect from 27.08.1991. 6.
Thus, the law is clear that the widow of deceased employee will get the Monetary Compensation from the date of the application made for Compassionate Appointment. 5. In view of above facts and the scheme, the present writ petition is allowed and it is ordered that the petitioner will be entitled for Monetary Compensation with effect from 27.08.1991. 6. The petitioner is directed to file a detail representation before General Manager, Kusunda Area, M/s BCCL, Dist.-Dhanbad (Respondent No. 5) within four weeks from today and authorities are directed to release Monetary Compensation to the petitioner within twelve weeks thereafter. 7. With the above observation and direction, the present writ petition stands disposed of.