Chattisgarh High Court
Smt. Mithila Dubey vs Chhattisgarh State Electricity on 1 September, 2008
HIGH COURT OF CHATTISGARH AT BILASPUR
WRIT PETITION (S) NO.7070 OF 2006
1. Smt. Mithila Dubey
2. Parasmani Dubey (Minor)
3. Ku. Khushbu Dubey
4. Aishwarya Dubey
...Petitioners
Versus
1. Chhattisgarh State Electricity
Board
2. Superintending Engineer HQ
3. Executive Engineer Civil
4. Smt. Shanti Bai
5. Vinod Kumar
...Respondents
! Shri R.K. Kesharwani, counsel for the
petitioners.
^ Shri Abhishek Sinha counsel for respondents
No.1 to 3.
Shri H.B. Agrawal Sr. Advocate with Ms.
Rinki Tamrakar, Advocate for the respondents
No.4 & 5.
Honble Shri Satish K Agnihotri
Dated:01/09/2008
: Judgement
(Writ petition under Article 226 of the Constitution of
India)
ORAL ORDER
(Passed on this 1st day of September, 2008)
With the consent of learned counsel appearing for
the parties, the petition is heard finally.
2) This matter pertains to grant of retrial benefits
and family pension between the two wives of the
deceased employee and their children.
3) By order dated 8-7-2008, with the consent of the
parties, the matter was referred to the mediation under
the provisions of the Chhattisgarh Civil Procedure
Alternative Dispute Resolution and Mediation Rules,
2006.
4) The dispute involved in this petition has been
settled in the mediation in the following manner and
the same is become the part of the order :
"That, the party No. I, heirs of deceased
Premraj Rajeshwar Dubey, who was Peon in the
office of Chhattisgarh State Electricity
Board, Korba and has died in harness, are
seeking payment of family pension and other
post retrial benefits in their favour and
are also seeking appointment on
compassionate ground in accordance with law.
That, the party No. II have been ordered by
the learned Civil Judge, Class-I, Katghora,
the issuance of succession certificate for
receiving the amount of Rs.2,10,023/- from
the Chhattisgarh State Electricity Board,
Korba in Succession Case No.16/04 vide order
dated 28.2.2006, which has been maintained
by the District Judge, Korba while
dismissing the Misc. Civil Appeal No.2/04,
preferred by the Party No. I against the
order dated 28.2.2006, vide order dated 7th
July, 2006.
That, the party No. II are claiming for the
post retiral benefits and compassionate
appointment on the basis of succession
certificate granted to them in Succession
Case No.16/04 vide order dated 28.2.2006.
That, the party No. I have also filed a
civil suit for declaration and injunction
before the Additional District Judge,
Katghora, Distt. Korba (CG) as Civil Suit
No.7A/07, which is pending before the said
Court.
That, the parties Smt. Mithila Dubey and
Smt. Shanti Bai heirs of the deceased
Premraj Rajeshwar Dubey, appeared and
participated in the mediation proceedings.
For the sake of convenience, the parties
were heard jointly and separately and also
in presence of their counsel as per
mediation process. Both the parties agreed
to resolve their dispute through an
agreement. The parties gave their consent
without any pressure, threat; unlawful
promise; and collusion and on the above-
mentioned basis, the following agreement
with respect to adjudication of the dispute
regarding grant of post retiral benefits,
family pension and compassionate
appointment, has been arrived at between the
parties to the proceedings.
AGREEMENT/COMPROMISE
The terms & conditions of the
agreement/compromise are as follows :
(i) That, the party No. I will be
receiving the family pension from the
office of Chhattisgarh State
Electricity Board, Korba, Distt. Korba
(CG) as per Rule 47 of the
Chhattisgarh Civil Service (Pension)
Rules, 1976.
(ii) That, the family pension of deceased
Premraj Rajeshwar Dubey will be
received by the party No. I and from
the arrears of the said family pension
pertaining to the year 2004 i.e. from
the date of death of deceased Premraj
Rajeshwar Dubey, till date, the party
No. I will pay an amount of Rs.30,000/-
to the party No. II.
(iii) That, the party No. II will be
receiving the amount of death claim
(gratuity etc.) amounting to
Rs.2,10,023/-.
(iv) That, the party No. I will withdraw
the Civil Suit No. 7A/07 pending
before the Court of Additional
District Judge, Katghora, Distt. Korba
(CG).
(v) That, the party No. I will be having
the right and liberty to make an
application before the office of
Chhattisgarh State Electricity Board,
Korba for grant of appointment on the
compassionate basis on account of
death of Shri Premraj Rajeshwar Dubey,
who died in harness while working as
Peon in the office of Chhattisgarh
State Electricity Board, Korba and the
party No. II will have no objection to
the application, so preferred.
(vi)That, both the parties will not make
any claim with respect to any of the
amount, which has been settled between
them by way of this agreement from the
office of Chhattisgarh State
Electricity Board, Korba.
That, both the parties to the proceedings
have agreed to the terms and conditions of
the above agreement on the basis of benefits
sought by them. The contents of this
agreement has been read over to the parties
and explained to them in Hindi and they have
understood the same fully. The parties have
no objection to any of the terms and
conditions of the agreement.
That, the mediation proceeding is hereby
complete. Both the parties will be bound to
comply with the terms and conditions of the
agreement.
--------------------------------------------
—————————————
Party No. I Party No.
II
——————————————–
—————————————
Sd/- Sd/-
1 Smt. Mithila Dubey 1 Smt. Shanti
Bai
Sd/- Sd/-
2 Parasmani Dubey 2 Vinod Kumar
(Minor)
3 Sd/-
Ku. Khushbu Dubey
(Minor)
4 Sd/- Identified by
Aishwarya Dubey me
(Minor) Sd/-
Pankaj
Agrawal,
Advocate,
Bilaspur (CG).
Identified by me
Sd/-
(R.K. Kesharwani)
Adv.
Sd/-
(Smt. Fouzia Mirza)
Mediator, /08/2008
Mediation Centre,
High Court Premises,
Bilaspur.
Dtd. 19-8-08
That, the dispute between the party No. I
and party No. II has been resolved through
mediation process and party No. III has no
objection to the terms and conditions of the
agreement between the party No. I and II.
Sd/-
(Shri Abhishek Sinha)
Counsel for the CG State
Electricity Board
Bilaspur (CG)”
5) It is ordered accordingly. The parties shall abide
by the terms of the mediation.
6) In view of the foregoing, the petition stands
disposed of.
7) Consequently, the interim order passed earlier
stands discharged. The pending applications, if any,
also stand disposed of
J u d g e