CENTRAL COALFIELDS LIMITED Vs. SUNITA DEVI

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 10/6/2024 passed in W.P.(S) No. 6215 of 2015 whereby the learned Single Judge has allowed the said writ petition directing the respondents/appellants to release the monetary compensation in favour of the petitioner/respondent with effect from 19/12/1996 i.e., the date of death of her husband namely Shibu Majhi (hereinafter referred as the deceased employee).

(2.) The factual background of the case as stated in the writ petition is that the deceased employee was working under the appellants as Piece Rated worker at Dhori (K) Colliery and he died in harness on 19/12/1996. Thereafter, the respondent being the widow submitted an application to the Project Officer, Dhori (K) Colliery, CCL, Bokaro-the appellant no. 4 on 15/10/1998 requesting to appoint her on compassionate ground, however the said application was rejected by the Dy. Chief Personnel Manager, Dhori Area vide Letter No. GM(D)/PD/9.3.2/2002/639 dated 26/27/3/2 on the ground that she had filed the said application after lapse of about two years from the date of death of her husband whereas as per the Circular of the CCL, the application for appointment on compassionate ground was required to be filed within six months from the date of death of the deceased employee.

(3.) Aggrieved with the decision of Dy. Chief Personnel Manager, Dhori Area, the respondent filed writ petition being W.P.(S) No. 3560 of 2008 before this Court which was disposed of vide order dtd. 17/10/2011 with an observation that there was no error in rejecting the claim of the respondent for compassionate appointment, however, if she applied for getting benefit under Coal Mines Provident Fund in a prescribed format, the same would be forwarded to the CMPF Authority to decide her claim in accordance with law and rest of the claims would be paid by the management in accordance with law, rules, regulations, policies and government enforceable orders applicable to her.