Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.1002 of 2025
----- Parasnath Saw, aged about 64 years, son of late Ram Parikha Saw, resident of Kathara, PO Kathara, PS Gomia, District Bokaro
… Petitioner(s). Versus 1.The State of Jharkhand 2.The Central Coalfield Limited through its General Manager, Kathara Area, PO Kathara, PS Gomia, District Bokaro 3.The Central Coalfield Limited through its Chairman cum Managing Director, Darbhanga house, PO GPO, PS Kotwali, District Ranchi 4.The Managing Director, Personnel/Security, Central Coalfields Limited, Darbhanga House, PO GPO, PS Kotwali, District Ranchi 5.Bhawnath Saw, son of late Ram Parikha Saw, resident of Kathara, PO Kathara, PS Gomia, District Bokaro … Respondents. CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Ms. Pinki Kumari, Advocate For the State
: Mr. Ravi Prakash Mishra, AC to AAG-II
For the CCL
: Mr. Amit Kumar Sinha, Advocate
…...... 02 /27.02.2025: The petitioner is the son of the deceased employee of Central Coalfields Limited. The age of the petitioner is 64 years. It is the case that Ram Parikha Saw was an employee of CCL and he died in harness in the year 2011. By way of compassionate appointment brother of the petitioner and son of Ram Parikha Saw, namely, Bhawnath Saw was appointed on compassionate ground. This Bhawnath Saw has now also superannuated. 2. The petitioner prays that the post retiral benefits of Bhawnath Saw should be equally distributed between this petitioner and Bhawnath Saw. It is the case of the petitioner that since there was agreement between the brothers the distribution should be made in terms of the said agreement. 3. Admittedly, respondent no. 5-Bhawnath Saw was appointed by CCL on compassionate ground because of death of his father late Ram Parikha Saw. This appointment was given definitely based on no objection given by the petitioner who was the brother. Now this petitioner who is brother of respondent no. 5 claims half share of the retiral benefits of Bhawnath Saw. The retiral benefits which respondent no. 5 has received from Central Coalfields Limited is his
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property. The petitioner cannot claim as a matter of right the share in retiral benefits of his brother. The retiral benefits had accrued because it is his brother Bhawnath Saw who has served the company.
Thus the company has given the money to him by way of retiral benefits upon which the petitioner should not have any legal claim. 4. If there is any private agreement made between the parties, this Court cannot take cognizance of the same. 5. This writ application which has been filed by the petitioner claiming half share of the retiral benefits of Bhawnath Saw-respondent no.5 is not maintainable. The same is dismissed. (ANANDA SEN, J.) Tanuj/