SUMITRA DEVI AND ANOTHER Vs. CENTRAL COALFIELDS LTD. AND OTHERS
LAWS(JHAR)-2009-7-202
HIGH COURT OF JHARKHAND
Decided on July 31,2009

Sumitra Devi And Another Appellant
VERSUS
Central Coalfields Ltd. and Others Respondents

JUDGEMENT

D.G.R. Patnaik, J. - (1.) Heard Sri Ravi Kumar Singh, learned counsel for the petitioners and Mrs. Banani Verma, learned counsel for the respondent C.C.L.
(2.) The petitioners in this writ application have prayed for quashing the letter dated 15.06.2004 (Annexure-6) by which the claim of the petitioner No. 2 for compassionate appointment, has been rejected. A further prayer has been made for directing the respondents to pay monetary compensation to the petitioner No. 1 with arrears along with interest @ 15 % per annum with effect from 15.05.2003, till the date of actual payment, as per the provisions of the National Coal Wage Agreement.
(3.) The husband of the petitioner No. 1 was under the service of the respondent C.C.L. as a Security Guard. He died in harness on 15.05.2003. Within three months thereafter, the petitioner No. 2, being the son of the deceased employee, filed application before the respondents requesting for his compassionate appointment. The petitioner No. 1, being the widow of the deceased employee, filed an affidavit in support of the claim of the petitioner No. 2 before the concerned authorities. While the claim for compassionate appointment was in the process of being considered, another application was received in the office of the respondents which was submitted by another person claiming himself to be the elder son of the deceased employee. On account of such dispute, the respondents had informed the petitioner by Annexure-6 that the claim of petitioner No. 2 for compassionate appointment has been kept in abeyance, pending resolution of the dispute between the sons of the deceased employee. Almost a year after the receipt of the impugned letter (Annexure-6), the petitioner No. 1 filed a fresh application claiming monetary compensation. ;


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