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2025 DAILYLAW 6633 (JHR)

SAVITA DEVI v. M/S BHARAT COKING COAL LIMITED REPRESENTED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR,

WPC/1901/2025 · 2025-04-25

Deepak Roshan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:12562 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1901 of 2025 ------- Savita Devi aged about 26 years, W/o Late Suraj Pasi, R/o Auosani,P.O. & P.S. Ausani, Dist. Maharajganj, Dist. Uttar Pradesh presently residing at Village Ishunpura, P.O. Dada Bujurg, P.S. Hata, Dist. Kusinagar, Uttar Pradesh. ...… Petitioner Versus 1. M/s Bharat Coking Coal Limited represented through its Chairman cum Managing Director, office at Koyala Bhawan, P.O.- Koyala Nagar, Seraidhela, P.S.- Seraidhela, Dist. Dhanbad. 2. The Director (Personnel), Bharat Coking Coal Limited, office at Koyala Bhawan, P.O.- Koyala Nagar, P.S.- Seraidhela, Dist. Dhanbad. 3. The General Manager, Bharat Coking Coal Limited, office at Koyala Bhawan, P.O.-Koyala Nagar, P.S.- Seraidhela, Dist.-Dhanbad. 4. The Senior Manager (Work/Personal) Bharat Coking Coal Limited, office at Koyala Bhawan, P.O.-Koyala Nagar, P.S.-Seraidhela, Dist.-Dhanbad. …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Ms. Talat Parween, Adv. For the Res. BCCL : Ms. Swati Shalini, Adv. ------- 02/Dated:25.04.2025 1. The instant application has been preferred by the Petitioner praying therein for quashing and setting aside the letter No.3373 dated 16.02.2023 issued by the 4th Respondent; whereby the Petitioner and her mother-in-law has been directed to produce declaratory decree about legal heirs of deceased employee, namely, Suraj Pasi from the competent Civil Court. The Petitioner has further prayed for a direction upon the concerned respondents to give compassionate appointment to this Petitioner. 2025:JHHC:12562 2 2. Learned counsel for the Petitioner submits that she is the widow of the deceased employee; as such she is entitled for the relief which accrued after the demise of her husband who was an employee of the Respondents. However, as per the averments and documents annexed with this writ application it appears that the mother of the deceased employee has also represented for the same relief for her son and after going through the impugned order it appears that the competent authority has neither accepted nor rejected the claim of either of the parties and had just issued the impugned letter dated 16.02.2023 directing them to produce declaratory decree about the legal heir of deceased employee late Suraj Pasi from the competent Civil Court. 3. In view of the aforesaid facts and circumstances, this Court does not find any error in the impugned order passed by the Respondent-Coal Company and the instant writ application is hereby disposed of by giving liberty to the petitioner who is widow of the deceased employee to take a declaratory decree with regard to legal heir of the deceased employee by the competent Civil Court. 4. With the aforesaid observation, the instant writ application stands disposed of. Pending I.A.s if any, also closed. (Deepak Roshan, J.) Fahim/-