Shree Chandrashekhar, J. - (1.) The petitioner, widow of the employee-Jagdish Oraon, is aggrieved of order dated 05.10.2012 by which she has been declined compassionate appointment.
(2.) Before adverting to facts of the case and the issue involved in this writ petition, it would be appropriate to recapitulate the previous orders passed in the present proceeding. These orders would reveal that there was no delay on the part of the petitioner in raising the claim for payment of post-retiral benefits, family pension and compassionate appointment to her. The aforesaid claims have yet not been settled and compassionate appointment to the petitioner has been declined; one of the grounds is that the family has survived so long. Order dated 15.01.2018 was passed, when it was found that in the counter-affidavit necessary details pertaining to employment of late Jagdish Oraon were not disclosed and post-retiral benefits have not been paid to the petitioner. Order dated 15.01.2018 reads as under: Aggrieved of non-compliance of the order passed in W.P.(S) No.1460 of 2012 whereby the respondent-General Manage (P&IR) was directed to decide the claim of the petitioner, the petitioner has approached this Court. During the course of hearing it has been revealed that after death of the employee-Jagdish Oraon the post-retiral benefits have not been paid to his widow. The Chief General Manager, Dhori Area-M/s Central Coal Fields Limited-respondent no.2 shall file an affidavit disclosing correct complete facts pertaining to employment of late Jagdish Oraon. It shall be revealed whether his name was struck-off from the roll of the company or not and if yes, when. The respondent no.2 shall also state (i) whether the dependants of late Jagdish Oraon were informed of their rights under NCWA and/or under any other statutory settlement/agreement, (ii) whether the format in which claim for compassionate appointment shall be made was handed-over to the dependants and (iii) whether the dependants of the deceased employee were informed of the period within which application shall be submitted.
(3.) The respondents have filed an affidavit on 28.02.2018 in which they have admitted that the dependants of late Jagdish Oraon were not informed about their rights under National Coal Wage Agreement (NCWA) and they were not provided the form/format for submitting the application for compassionate appointment.;