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2025 DAILYLAW 11280 (JHR)

AMIKA HARI v. BHARAT COKING COAL LTD. (IN SHORT M/S BCCL) THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR,

WPC/3077/2025 · 2025-07-28

Deepak Roshan

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:20759 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3077 of 2025 -- Amika Hari, Aged about 60 years, W/o Late Madhusudan Hari R/o Chaprasi Dhowra, P.O. Jealgora, P.S. Jorapokhar, Dist. –Dhanbad,PIN 828110 ... Petitioner Versus 1. Bharat Coking Coal Ltd. (in short M/S BCCL) through its Chairman cum Managing Director having office at Koyla Nagar, P.O. & P.S.- Saraidhela, Dist. Dhanbad. 2. Director of Personnel (Welfare), M/S BCCL, Koyla Nagar, P.O. & P.S.-Saraidhela, Dist. Dhanbad. 3. Chief Personal Manager, Lodna Area of M/S BCCL, P.O. & P.S.- Lodna, Dist.- Dhanbad. 4. Project Officer, Amalgamated Joyrampur Colliery of M/S BCCL, Bararee Section, P. O. & P. S. Khas Jeenagora, Dist.- Dhanbad ...Respondents. -- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : Mr. Ajay Kr. Singh, Advocate For the Respondents : Mr. Anupam Shandilya, Advocate -- 03/28.07.2025 Heard learned counsel for the parties. 2. The writ petition has been preferred by the Petitioner for the following reliefs: For a direction upon the respondents to pay forthwith the remaining Retiral Benefits viz. Dues Salary for the period from 16-10-2019 to 31-10-2019 about a sum of Rs. 35,000/-, Promotional Increment @ 3% of 1st, 2nd, 3rd, 4th SLU/SLP, Leave Encashment, Retirement Shifting Allowance, Life Insurance, Benevolent Fund Honorarium, Profit Share Bonus, Quarterly Bonus, Yearly Bonus, Attendance bonus, Ex-gratio Bonus and Arrear of NCWA of the petitioner's husband Late Madhusudan Hari who retired on 31-10-2019 and subsequently died on 22.06.2021. 3. Learned counsel for the Petitioner submits that though few retiral benefits have been paid, but some have still not been paid; as such, the respondents may be directed to look into the matter and pay the admitted dues which have not been paid to this Petitioner. 4. Learned counsel for the Respondents submits that though counter affidavit has not been filed, but from the writ petition itself, it appears that retiral benefits have been paid to this Petitioner. 2025:JHHC:20759 2 5. Having regard to the aforesaid facts and circumstances of the case, instead of adjourning this case for further time for filing counter affidavit, interest of justice would be sufficed by directing the Petitioner to file a fresh representation before the concerned authority, who shall look into the matter and verify the records of the case with regards to payment of the retiral benefits which have not been paid to him. 6. Accordingly, the petitioner is directed to file fresh representation before the 4th Respondent along with details with regard to that amount, which has not been paid to him. The moment, the concerned respondent will receive such representation, he will verify the records of the case and if at all any amount still remains to be paid to the Petitioner, the same shall be paid and if the entire amount has been paid, the same shall be informed to the Petitioner. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of such representation. 7. Accordingly, the instant writ application stands disposed of. (Deepak Roshan, J.) jk