PODIN DEVI Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing of letter No. 2738 dated 2.7.2011 (Annexure-11), whereby the petitioner's application for grant of compassionate appointment to her son Manoj Yadav has been refused. The petitioner has also prayed for direction on the respondents to appoint the petitioner's son on compassionate ground after civil death of the petitioner's husband and also to pay all the death-cum-retiral benefits and other dues payable after death of petitioner's husband. The petitioner's husband Shankar Yadav left for attending his duty on 25.2.2002 and since thereafter he was not found and heard. An information was lodged with the Police and entry was made in the station diary on 4.3.2002. Police failed to trace out the petitioner's husband.

(2.) The petitioner, thereafter, filed a case for declaration of civil death of her husband Shankar Yadav being Title suit No. 20/2009. The said Suit was decided by judgment and decree dated 23.1.2010 declaring civil death of the petitioner's husband Shankar Yadav.

(3.) After the said declaration of death, one member of the family was entitled to compassionate appointment and the petitioner was entitled to get death-cum-retiral dues and other dues payable after death of her husband. But till date the arrears and the retiral dues, such as amount of provident fund, gratuity and group insurance, payable after the death of her husband, is not paid to the petitioner nor family pension has been fixed and paid to the petitioner, in spite of her repeated requests and representations.