BAMRI PAHARIN Vs. EASTERN COALFIELD LIMITED

JUDGEMENT

(1.) The petitioner has approached this Hon'ble Court with the following prayers:-

(2.) The deceased-husband of petitioner Baga Paharia was working as Excv. Operator U.Man No. 903123 at Simlong Colliery of Eastern Coalfields Limited at Simlong and he was a permanent employee of the ECL. His date of birth is 10.10.1964 and he had joined in the service on 28.09.1985. During life time husband of the petitioner Baga Paharia has solemnized 1st Customary Marriage with one Darmi Paharin who died issueless on 18.07.1986. In this regard a Death Certificate has been issued on 18.07.2007 (Annexure-1). After death of 1st wife husband of the petitioner has performed solemnized 2nd time marriage with one Surji Paharin as per the Paharia Custom but due to no issue from her, husband of the petitioner has given divorce to her as per the Paharia custom and said Surji Paharin thereafter has solemnized 2nd time marriage with another person and at present living as wife of that person. In this regard Gram Pradhan has given Divorce Certificate (Annnexure-2). Thereafter husband of the petitioner has solemnized legal 3rd marriage with present petitioner as per the Paharia customary law and they have 4 sons and 3 daughters from their wedlock. The petitioner is the only wife of late Baga Paharia who is alive because his first wife is dead, he has taken divorce from 2nd wife and his 2nd wife is now wife of another person. The husband of the petitioner Baga Paharia died in harness on 26.02.2006 when he was posted as Excv. Operator U. Man No.903123 at Simlong, leaving behind petitioner (sole widow), 4 sons and 3 daughters.

(3.) Learned Counsel for the petitioner submits that the petitioner vide representation dated 12.06.2006 has requested the concerned respondent of the Simlong Colliery of ECL to give her entire death cum retirement benefits of her deceased husband and also provide compassionate appointment to her in place of her deceased husband (Annexure-3). On receiving the aforesaid claim of the petitioner competent authority of the ECL have thoroughly enquired the claim and right of the petitioner and thereafter recommended for payment of entire death cum retirement benefits of petitioner's husband to petitioner and also recommended for giving compassionate appointment to her being legal wife of the deceased employee vide Noting Sheet dated 13.05.2009 (Annexure-4). The voter card issued in favour of the petitioner also shows that she is legally wedded wife of her deceased husband (Annexure-5). Thereafter ECL Authorities have released entire death cum retirement benefits of her deceased husband to her and even CMPF has paid Provident Fund amount of her deceased husband to her vide letter dated 01.07.2011 on the basis of recommendation of the ECL Authorities CMPF has also released pension to the petitioner as a wife of deceased employee vide letter dated 23.08.2011 (Annexure-6 series). Thereafter, petitioner has got letter dated 12.05.2013 issued by the Chief Manager (Personnel), ECL, Rajmahal Group of Mines P.O. and P.S. Rajmahal by which he has informed the petitioner that Competent Authority of the ECL has rejected her claim for Compassionate Appointment on the ground that 3rd wife of deceased employee has no right, without considering the fact that all death cum retirement benefits have been paid to the petitioner being legal wife of the deceased employee hence the present writ application has been preferred challenging the rejection order dated 12.05.2013.