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2025 DAILYLAW 30752 (JHR)

RADHA DEVI v. CENTRAL COALFIELDS LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR

WPC/6173/2022 · 2025-06-25

Deepak Roshan

body2025

Judgment text

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2025:JHHC:16863 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6173 of 2022 Radha Devi, aged about 62 years, widow of late Gyan Chandra Prasad, resident of Hesalong, P.O. & P.S.-Mccluskiganj, District-Ranchi. ... … Petitioner(s) Versus 1. Central Coalfields Limited; a subsidiary of Coal India Limited, a Government of India Undertaking, having its registered Office at Darbhanga House, Ranchi, P.O.-Ranchi, P.S.-Kotwali, District- Ranchi through its Chairman-cum-Managing Director. 2. Director (Personnel), Central Coalfields Limited; Darbhanga House, Ranchi, P.O.-Ranchi, P.S.-Kotwali, District- Ranchi. 3. Project Officer, Rohini Project of Central Coalfields Ltd; P.O.-Rohii, P.S.-Khelari, District- Bokaro; 4. Staff Officer, N K Area, Central Coalfields Ltd., P.O.-Dakra, P.S.- Khelari, District- Ranchi; … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Ajit Kumar, Advocate For the Respondent-CCL : Mrs. Debolina Sen Hirani, Advocate Ms. Kashyapi, Advocate -------- 6 /Dated: 25th June 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “1. For issuance of a writ in the nature of Mandamus or any other appropriate Writ /order commanding upon the respondents to consider the representation of the Petitioner and to make payment of the arrears of monetary compensation of with interest as per Para: 9.5.0 of the National Coal Ways Agreement against death of Petitioner's husband; an employee under the respondents and within a specified period; AND/OR for issuance of any such Writ(s)/Order(s)/Direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and for doing conscionable justice to the Petitioner.” 2. Learned counsel for the petitioner submits that representation of the petitioner for payment of arrears of monetary compensation in connection with death of her husband has not been decided. As such, he submits that the respondent concerned may be directed to consider the representation of the petitioner so that her claim raised in the writ 2025:JHHC:16863 2 application may be decided. Learned counsel for the respondents submits that she has received the instructions and would be filing counter affidavit shortly. She further contended that from the averments made in Para-11 to 13 of the writ application it is evident that the son of the deceased employee had already applied for compassionate appointment and the same was rejected and the said rejection order has also been upheld up till the Appellate Court in L.P.A. No. 168 of 2021. Only then the petitioner had filed an application for monetary compensation. Having regard to the aforesaid submissions and looking to the prayer made in the instant writ application to the extent of considering the representation of the Petitioner with regards to monetary compensation as per the National Coal Wage Agreement against death of Petitioner's husband, this Court feels that instead of waiting for the counter affidavit; interest of justice would be sufficed by directing the 3rd Respondent to treat this writ application as fresh representation of the petitioner and take a decision with regards to payment of monetary compensation in connection with death of her husband in accordance with law and applicable rules and regulations/National Coal Wage Agreement after making proper verification of records and pass a reasoned and speaking order. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of copy/production of this order. It goes without saying that the petitioner shall serve a copy of this writ application along with this order to the concerned respondent at the earliest and further any admitted dues shall be paid to the Petitioner within a further period of 4 weeks. (Deepak Roshan, J.) Amit