- (1.) HEARD the parties.
(2.) THE prayer of the petitioner in this writ petition is to direct the respondents to pay the legal dues of her father namely Late Dina Nath Harijan who died on 09.01.2000 while in service of the Eastern Coalfield Limited as Clip Men. The grievance of the petitioner is that the legal dues have wrongly and illegally been paid by the respondents to one Prabhawati Devi though she was neither the wife of her father Late Dina Nath Harijan nor she was her mother. As a matter of fact, she was a maid servant. It is also stated by the petitioner that her father during his life time had disclosed this fact to her that he has given the name of the petitioner in the service records as the nominee to receive his legal dues. This statement made in the writ petition has not been stated on oath as it appears from the verification part of the writ petition. The petitioner has simply stated that Prabhawati Devi is not her mother. She has not disclosed the name of her mother either in the writ petition or in the rejoinder to the counter affidavit filed by her. In the counter affidavit filed on behalf of the respondent Eastern Coalfields Limited, it has been stated that the name of Prabhawati Devi was mentioned by the deceased employee as his wife in the service excerpts kept by the Company and she has been described as the nominee to receive the legal dues and therefore, said Prabhawati Devi has already been paid all the legal dues of Late employee Dina Nath Harijan. It is also stated that in the service excerpts, the name of Prabhawati Devi has been mentioned as wife and nominee and therefore, the death -cum -retiral dues have already been paid to her after proper verification and satisfaction. In support of the said statement, copy of service excerpts and L.T.C. form submitted by the deceased employee have been annexed with the counter affidavit.
(3.) IN the rejoinder to the counter affidavit, the petitioner by simply denying has stated that Prabhawati Devi is not her mother. It is pertinent to mention that neither in the writ petition nor in the rejoinder to the counter affidavit, the petitioner has disclosed the name of her actual mother.;