SITWA DEVI, WIFE OF LATE BUDHU BELDER, EX Vs. BHARAT COKING COAL LIMITED
LAWS(JHAR)-2017-8-282
HIGH COURT OF JHARKHAND
Decided on August 30,2017

Sitwa Devi, Wife Of Late Budhu Belder, Ex Appellant
VERSUS
BHARAT COKING COAL LIMITED Respondents

JUDGEMENT

PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to pay the monetary compensation under para 9.3.0 from the date of death of her husband i.e. from 11.03.1997 and for direction upon the respondents to modify office order dated 12.11.2007 whereby monetary benefit has been sanctioned w.e.f 01.08.2007 instead of March, 1997 i.e the date of death of her husband and also for direction upon the respondents to make payment of arrears of salary with interest.
(2.) The facts, in brief, is that the husband of the petitioner died in harness on 11.03.1997 while serving as Quarry Mazdoor in Loyabad Colliery of respondents. Immediately, thereafter the petitioner-wife applied for employment on compassionate ground, which was rejected stating that she has crossed the age of 45 years and as directed by respondents, she filed application for employment of her daughter, but, ultimately, it was also rejected and vide letter dated 31.12.2002 she was informed that the competent authority vide letter dated 21.12.2002 has approved her case for monetary compensation. However, being aggrieved with the order of rejection of employment of her daughter, the petitioner moved before this Court by filing W.P. (S) No. 705 of 2005, which was disposed of vide order dated 22.02.2005 with direction to the respondents to decide the question of payment of consequential monetary to the widow-petitioner. Being dissatisfied with the order passed by the writ Court, the petitioner preferred appeal, being L.P.A. No. 169 of 2005, which was dismissed on 28.08.2006 declining to interfere with the order passed by writ Court. Thereafter, the petitioner moved before Hon'ble Apex Court but it met with the same fate and C.C. No. 832 of 2007 preferred by the petitioner was dismissed vide order dated 02.02.2007.
(3.) Thereafter, the Chief General Manager, Sijua Area informed the petitioner to submit his claim for monetary benefit with relevant documents and accordingly, the petitioner made representation before the respondents-authorities requesting to allow her monetary benefits from the date of her death of her husband i.e. 11.03.1997 with interest @ 5 % as directed in W.P. (S) No. 705 of 2005. But, vide letter dated 12/19.11.2007, the petitioner was informed that under para 9.3.0, the monetary benefit/compensation has been granted to the petitioner @ 3000/- per month w.e.f 01.08.2007.;


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