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2019 DIGILAW 862 (JHR)

Sunita Kumari v. State of Jharkhand

2019-04-11

RAJESH KUMAR

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ORDER : Heard counsels for the parties. 2. The Present writ petition has been filed for direction upon the respondents to consider the claim of the petitioner for grant of either monetary compensation or appointment on compassionate ground. 3. From the pleading, it appears that the father of the petitioner had died in harness on 23.01.1991. He was in service since 13.08.1973 in Sarubeda Colliery under Respondents. On the death of her father, she applied for compassionate appointment on 29.01.1993. So far as age is concerned, the petitioner has annexed her school leaving certificate wherein her date of birth is recorded as 12.01.1979. 4. A counter affidavit has been filed whereby the claim of the petitioner has been disputed. 5. Heard counsels for the parties. 6. The relevant rules for consideration of the present case, are as follows: “9.5.0 Employment/Monetary compensation to female dependant Provision of employment/monetary compensation to female dependants of workmen who die while in service and who are declared medically unfit as per Clause 9.4.0 above would be regulated as under: (i) In case of death due to mine accident, the female dependant would have the option to either accept the monetary compensation of Rs. 4,000/- per month or employment irrespective of her age. (ii) In case of death/total permanent disablement due to cause other than mine accident and medical unfitness under Clause 9.4.0., if the female dependent is below the age of 45 years she will have the option either to accept the monetary compensation of Rs. 3,000/- per month or employment. In case the female dependant is above 45 years of age she will be entitled only to monetary compensation and not to employment. (iii) In case of death either in mine accident or for other reasons or medical unfitness under Clause 9.4.0, if no employment has been offered and the male dependant of the concerned worker is 12 years and above in age, he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependent is on live roster, the female dependant will be paid monetary compensation as per rates at paras (i) & (ii) above. This will be effective from 1.1.2000. (iv) Monetary compensation wherever applicable, would be paid till the female dependant attains the age of 60 years. During the period the male dependent is on live roster, the female dependant will be paid monetary compensation as per rates at paras (i) & (ii) above. This will be effective from 1.1.2000. (iv) Monetary compensation wherever applicable, would be paid till the female dependant attains the age of 60 years. (v) The existing rate of monetary compensation will continue. The matter will be further discussed in the Standardisation Committee and finalised. Note: In the case of TISCO, the matter would be settled at bipartite level.” 7. Admittedly, both the parties are bound by this clause being statutory in nature. Sub-clause I, 9.5.1 mandates upon the respondents to grant monetary compensation to female dependent who has not been offered appointment. There is no age bar rather as per Clause 9.5.4, the monetary compensation has to be paid till attaining the age of 60 years. 8. It further appears that if a male dependent is of the age 12 years and above he has to be kept on live-roaster and on attaining the age of 18 years he can be offered employment. In that case, the monetary compensation released in favour of the female dependent, will be stopped. 9. The relevant portion of the circular dated 13/14.02.1995 is quoted here-in-below:- “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. (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) 10. From the perusal of circular, it is evident that the monetary compensation will be payable from the date of application either made for monetary compensation or for employment. 11. Thus, the law is clear, on the death of an employee, if he has female dependent only then either monetary compensation has to be granted till attaining the age of 60 years or employment. If male dependent is available in the category of dependent and his age is 12 years and above then he has to be kept on live-roaster and has to be offered employment after attaining the age of 18 years and in that case monetary compensation will be stopped to the female dependent. 12. In view of above legal position and the fact that the claim of the petitioner has not been considered till date by the authorities, the matter is remanded to the concerned authority. 13. Counsel for the petitioner is given liberty to file a detail representation along with the order of this Court within four weeks from today. The concerned authority is directed to take an appropriate decision in accordance with law after giving due opportunity to the petitioner. If anything is found due to the petitioner, the same should be released to the petitioner forthwith. 14. With the above observation and direction, the present writ petition stands disposed of.