MANTI DEVI Vs. CHAIRMAN, COAL INDIA LIMITED

JUDGEMENT

(1.) HEARD the parties.

(2.) THE prayer of the petitioner in this writ petition is to direct the respondents to pay the legal dues of her father namely Late Dina Nath Harijan who died on 09.01.2000 while in service of the Eastern Coalfield Limited as Clip Men. The grievance of the petitioner is that the legal dues have wrongly and illegally been paid by the respondents to one Prabhawati Devi though she was neither the wife of her father Late Dina Nath Harijan nor she was her mother. As a matter of fact, she was a maid servant. It is also stated by the petitioner that her father during his life time had disclosed this fact to her that he has given the name of the petitioner in the service records as the nominee to receive his legal dues. This statement made in the writ petition has not been stated on oath as it appears from the verification part of the writ petition. The petitioner has simply stated that Prabhawati Devi is not her mother. She has not disclosed the name of her mother either in the writ petition or in the rejoinder to the counter affidavit filed by her.

(3.) IN the rejoinder to the counter affidavit, the petitioner by simply denying has stated that Prabhawati Devi is not her mother. It is pertinent to mention that neither in the writ petition nor in the rejoinder to the counter affidavit, the petitioner has disclosed the name of her actual mother.