Rongon Mukhopadhyay, J. - (1.) IN this application the petitioner has prayed for quashing the impugned order as contained in letter bearing Reference No. GM(H)/PS/2013/1049 -53 dated 06.08.2013 passed by the respondent No. 2 whereby and whereunder the claim of the petitioner for compassionate appointment beside grant of LCS and CMPF amount on account of the death of the petitioner's husband in harness has been rejected. It has further been prayed therein that the respondents be directed to forthwith provide compassionate appointment to the petitioner in place of her husband late Tulsi Das who died in harness on 17.12.2011.
(2.) THE husband of the petitioner namely, Tulsi Das was appointed on 18.08.1995 in Liyo U.G. Project. The marriage of the petitioner was solemnised with Tulsi Das in the year 1997 and her name was entered in the final record that is, Statutory Nomination Form PS - 3 and PS - 4 on 06.09.1998 relating to payment of pension, provident fund as well as gratuity etc. The petitioner having faced a turbulent married life was constrained to file a matrimonial title suit being M.(T) S. No. 155 of 2007 for seeking a decree of divorce on the ground of cruelty. On being noticed, the husband of the petitioner appeared, and thereafter, the learned Family Court was pleased to award a monthly maintenance of Rs. 3,500/ - for maintenance of the petitioner and their daughter. The awarded amount was being deducted from the salary of late Tulsi Das and was being remitted to the petitioner. Unfortunately, the husband of the petitioner died on 17.12.2011 and since the Matrimonial Title Suit which was pending had become infructuous, accordingly on the prayer of the petitioner the said suit was permitted to be withdrawn vide order dated 15.06.2012. In terms of the Clause 9.3.3 of National Coal Wage Agreement - VI, an application was made by the petitioner for compassionate appointment as well as for payment of the entire death cum retiral benefits. Since no decision was taken by the respondents, a writ application was preferred by the petitioner being W.P.(S) No. 3479 of 2012 which was disposed of on 06.02.2013 directing the General Manager, Charhi Colliery, C.C.L. to decide the petitioner's claim and pass appropriate reasoned order in accordance with law. In terms of the order passed in W.P.(S) No. 3479, the impugned order dated 06.08.2013 was passed in which the claims of the petitioner were rejected. Heard Mr. Anil Kumar Sinha, learned senior counsel assisted by Mr. Krishna Murari, learned counsel appearing on behalf of the petitioner and Mr. Arbind Kumar, learned counsel appearing on behalf of the respondents - Central Coalfields Limited.
(3.) MR . Sinha, learned senior counsel for the petitioner has submitted that the impugned order has been passed by the General Manager (H), Charhi (respondent No. 2) without considering the provisions of the National Coal Wage Agreement - VI and without considering the fact that the petitioner at the time of death of her husband was the legally married wife and merely because a suit for divorce was instituted by the petitioner, the same cannot be a ground for rejecting the application for compassionate appointment. It has further been submitted that the Rules and Regulations which are in vogue in the respondent - company were never taken into consideration by the respondent No. 2 while passing the impugned order. It has further been submitted by the learned senior counsel for the petitioner that the findings given by the respondent No. 2 in the impugned order is contrary to the records and in such circumstances, the impugned order is liable to be quashed.;