KASHIRAN Vs. C.M.D., CENTRAL COALFIELD LTD.

JUDGEMENT

(1.) This letters patent appeal is preferred against the order dated 27.9.2013 dismissing the W.P. (S) No. 2932 of 2012 in and by which the learned Single Judge held that the cause of action relates to the year 1971 and that the appellant has approached this Court nearly after 42 years of the said cause of action and the writ petition is grossly barred by delay and laches. The brief facts of this appeal is that, the appellant's husband was appointed on daily rated weekly paid staff on 4.1.1918 on the post of Fitter at Giridih Colliery, Beniadih, Giridih and in course his service was regularised on 1.1.1947 and retired on 1.7.1967. The National Coal Development Corporation Ltd. had issued a letter No. PD/Civil-Pension/72/13 dated 23.1.1975 wherein it is stated that an employee who were employed as daily rated workers prior to 1.10.1944 (in case of Argada Deulbera Collieries) and prior to 1.6.1964 (in case of the remaining State collieries) be governed by Civil Rules and as such pensionary and other benefits will be paid in accordance with the Civil Rules.

(2.) It is the case of the appellant that after retirement, her husband made several representation requesting for payment of retiral dues and pension. The husband of the appellant died on 5.12.1971 leaving the appellant as a legal heir. After the death of her husband, the appellant filed the form of application of family pension scheme to the respondent. The Superintending Engineer (B&M) Giridih vide his letter dated 28.8.1992 requested the Deputy Personnel Manager to consider and examine the family pension of the appellant. The Senior Finance Officer (Estb.) vide a letter dated 22.8.2009 to the Project Manager, Giridih Colliery, Giridih stated that the case of the appellant be considered after proper verification of the service sheet and eligibility of the pensioner/family pensioner. Vide a office order Nos. 6540-46 dated 1.6.1991 by the Deputy Personnel Manager, C.C.L., Giridih the ex-gratia amount of Rs. 150/- per month for life and D.A. at the rate of Rs. 6/- per month w.e.f. 1.7.1986, at the rate of Rs. 12/- per month w.e.f. 1.1.1987, at the rate of Rs. 20/- per month w.e.f. 1.7.1987, at the rate of Rs. 27/- per month w.e.f. 1.1.1988, at the rate of Rs. 35/- per month w.e.f. 1.7.1988, at the rate of Rs. 44/- per month w.e.f. 1.1.1989, at the rate of Rs. 51/- per month w.e.f. 1.7.1989, at the rate of 57/- per month w.e.f. 1.1.1990 and at the rate of Rs. 65/- per month w.e.f. 1.7.1990 was issued to the appellant. It is not in dispute that the appellant has received the ex-gratia payment from time to time made to her. According to the appellant, she received the ex-gratia payment only under protest and without prejudice of her right to make a claim of family pension as per Civil Services Rules.

(3.) After issuing a pleader notice under Section 80 of the Code of Civil Procedure to the Deputy Personnel Manager, C.C.L., the appellant filed the writ petition being W.P. (S) No. 2932 of 2012 and the same was dismissed on 27.9.2013 holding that the writ petition suffers from delay and laches.