PUNNI DEVI, WIFE OF LATE TULSI RAVI DAS Vs. BHARAT COOKING COAL LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) Heard Mr. M.B. Lal, learned counsel for the petitioner. No body appears on behalf of the respondents.

(2.) The petitioner has approached this Court with following prayers:-

(3.) The husband of the petitioner namely, Tulsi Ravi Das was an employee of BCCL at Munidih Project and was working as Mining Loader having his Token No. 7059 and P.F. A/c No. D/87/1447 and Form "B" No. 5054. It is further submitted that the husband of the petitioner was suffering from mental disorder since 2004-05 and on 09.05.2005 at about 06:00 a.m. he has left his house for going to his office but he did not return back to his home. When the husband of the petitioner did not return to his home, the petitioner along with her other family members made all the efforts for searching out her husband but the same has went into vain. Thereafter, the petitioner lodged a complaint before the Officer Incharge, Moonidih O.P. at Putki Police Station about the missing of her husband with a request to do the needful for searching out her husband. The petitioner also informed this fact to the Project Officer, Moonidih vide her letter dated 16.06.2005 with a prayer not to take any adverse action against her husband. Thereafter, she also informed this fact to the Deputy Commissioner, Dhanbad, the Superintendent of Police, Dhanbad and the Officer Incharge, Moonidih OP at Putki Police Station. After a lapse of few days, when her husband has not been traced out, she again wrote reminder letters on 01.09.2005 to the S.D.O., Dhanbad and the Project Officer, Moonidih, Dhanbad, giving a copy of the same to the other Officials of BCCL for taking necessary action. It is further stated that when the Secretary, Janta Mazdoor Sangh came to know about the missing of the husband of the petitioner, who is suffering from mental disorder, he intimated this fact to the Project Officer, West Jharia Area, Moonidih, Dhanbad in writing and requested him not to take any adverse action against his service. It is further submitted that despite the notice of missing, mental disorder and several reminders for not taking any adverse action against the husband of the petitioner, the BCCL initiated departmental proceeding against her missing husband, upon which the petitioner immediately wrote a letter dated 13.04.2007 to the Project Officer including the S.D.O. Dhanbad agitating and expressing her displeasure on the unbecoming acts of the Employer-BCCL. The petitioner even wrote a letter dated 25.03.2011 stating therein as to how a departmental proceeding can be initiated exparte in absence of an employee and the employer-BCCL has already been informed about this fact. Finding no other alternative, the petitioner filed a Title Suit No. 116 of 2012 under Section 108 of the Evidence Act for declaration of her husband as dead under law due to his missing from more than 7 years. The learned Trial Court allowed the suit in favour of the petitioner and passed a Decree dated 30.06.2015 and in light of the order of learned Trial Court, the State Government has also issued a Death Certificate in favour of Tulsi Das on 17.10.2015. It is further submitted that the petitioner after getting the order of civil dead from the competent Court, duly applied vide application dated 15.04.2016 before the Project Officer, Munidih Project nominating her son as nominee to give compassionate appointment in light of provisions enshrined under Clause 9.3.0 of the NCWA-IX. It is stated and submitted that the representation of the petitioner was rejected on the ground of dismissal of her husband from service since 09.07.2012 and the same was communicated to the son of the petitioner vide letter dated 16/18.03.2016. Hence, this writ petition.