- (1.) The petitioner has moved this Court seeking following reliefs : (i) For the issuance of an appropriate writ, order/orders, direction/directions to immediately and forthwith pay all the retiral benefit to the petitioner as the petitioner is the legally wedded wife of Late Ram Krishna Goswami and thereby she is entitled to receive all the retiral benefit as well as other benefits in her favour as her husband Ram Krishna Goswami who was an employee of Colliery died in harness but the retiral benefit to the petitioner has not been paid. (ii) For the issuance of an appropriate writ, order/orders, direction/directions in the nature of mandamus commanding upon the respondents specially respondent no. 2 to immediately and forthwith give the compassionate appointment to the son of the petitioner as the son of the petitioner is to be legally appointed on compassionate ground in the Colliery but neither the retiral benefit nor the compassionate appointment of her son is being considered. (iii) Petitioner further prays for the issuance of an appropriate writ, order/orders, direction/ directions in the nature of mandamus to immediately and forthwith restrain the respondent in making the payment to respondent no. 4 as she is not legally entitled to receive the payment as well as other consequential benefit as the marriage has been performed during the life time of first wife therefore, she is not entitled but the respondent in connivance with some Trade Union has given the retiral benefit to respondent no. 4. (iv) During th pendency of the writ petition the payment of retiral dues in favour of respondent no. 4 be restrained and after final disposal of the writ petition the payment be made in favour of the petitioner.
(2.) The brief facts of the case as stated in the writ petition are that, the husband of the petitioner was appointed on 31.01.1973 and he died in harness on 11.06.2012. The petitioner is the first wife of the deceased Ram Krishna Goswami. A dispute with respect to marriage of the said Ram Krishna Goswami arose even prior to the death of the alleged husband of the petitioner. The petitioner agitated her grievance before the authorities and cases were filed in the civil court also.
(3.) A counter affidavit has been filed and the Statutory Form which has been filled up by the said Ram Krishna Goswami has been brought on record, in which name of the wife of the said Ram Krishna Goswami is mentioned as Smt. Thanda Devi. In view of the specific instruction given in the Form which has been filled up by the said Ram Krishna Goswami, the retiral benefits were not released in favour of the petitioner and therefore, this writ petition has been filed.;