SANTOSHI DEVI Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The petitioner in this writ application has challenged the reasoned order dated 15.11.2016 passed by the Project Officer, Muraidih, 20/21 P.T.T.S. Colliery, whereby complying with the order dated 16.09.2016 passed in W.P.(S) No.3292 of 2016, the claim for monetary compensation of this petitioner has been rejected on the ground that this petitioner is not the legally wedded wife of the deceased employee.

(2.) One Ram Sharan Pasi was an employee of Bharat Coking Coal Limited. He died in harness on 19.10.1997. The petitioner, being the wife, filed W.P.(S) No. 3292 of 2016 claiming compassionate appointment for her son and also for grant of monetary compensation. In the said writ application, it was held that no compassionate appointment can be granted, but a direction was given to the authorities of Bharat Coking Coal Limited to consider the claim of monetary compensation in terms of National Coal Wage Agreement. The said order dated 16th September, 2016, passed in the writ application, became final. Pursuant to the said order, the petitioner again made a representation claiming monetary compensation. The said representation dated 15.10.2016 was rejected by the impugned reasoned order dated 15.11.2016 on the ground that the petitioner is not the legally married wife of the deceased.

(3.) The detailed reasoned order has been brought on record as Annexure 6, which is under challenge. Since it is well settled principle of law that by filing a counter affidavit, a speaking order cannot be improved, modified, nor it can be supplemented, thus, it is not necessary to call for any counter affidavit in this case. Facts are admitted, and on the admitted facts the reasoned order is tested.