IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 6954 of 2007
...
1. Sumitra Devi
2. Ram Anuj Tiwary ... Petitioners
-V e r s u s-
Central Coalfields Limited and Others ... Respondents
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioners : - Mr. Ravi Kumar Singh, Advocate
For the Respondents :- Mrs. Banani Verma, Advocate
...
4 / 31.07.2009
Heard Sri Ravi Kumar Singh, learned counsel for the petitioners and
Mrs. Banani Verma, learned counsel for the respondent C.C.L.
2. The petitioners in this writ application have prayed for quashing the
letter dated 15.06.2004 (Annexure-6) by which the claim of the petitioner No.
2 for compassionate appointment, has been rejected. A further prayer has
been made for directing the respondents to pay monetary compensation to
the petitioner No. 1 with arrears along with interest @ 15 % per annum with
effect from 15.05.2003, till the date of actual payment, as per the provisions of
the National Coal Wage Agreement.
3. The husband of the petitioner No. 1 was under the service of the
respondent C.C.L. as a Security Guard. He died in harness on 15.05.2003.
Within three months thereafter, the petitioner No. 2, being the son of
the deceased employee, filed application before the respondents requesting
for his compassionate appointment.
The petitioner No. 1, being the widow of the deceased employee, filed
an affidavit in support of the claim of the petitioner No. 2 before the
concerned authorities.
While the claim for compassionate appointment was in the process of
being considered, another application was received in the office of the
respondents which was submitted by another person claiming himself to be
the elder son of the deceased employee. On account of such dispute, the
respondents had informed the petitioner by Annexure-6 that the claim of
petitioner No. 2 for compassionate appointment has been kept in abeyance,
pending resolution of the dispute between the sons of the deceased
employee.
Almost a year after the receipt of the impugned letter (Annexure-6),
the petitioner No. 1 filed a fresh application claiming monetary
compensation.
4. Learned counsel for the petitioners would submits that under the
terms and conditions of service under the N.C.W. Agreement, the widow of
-2-
the deceased employee was entitled to payment of compensation as long as
either she or her dependents are not given compassionate appointment and
therefore since the matter concerning the compassionate appointment has
been kept in abeyance, the widow of the deceased employee is entitled to
compensation as long as decision on the issue of compassionate appointment
is not finally taken.
5. Mrs. Banani Verma, learned counsel for the respondents, on the other
hand, would deny and dispute the claim of the petitioners. Learned counsel
submits that as per the terms and conditions of the N.C.W. Agreement,
though the dependents of the deceased employees are entitled either to
compensation or compassionate appointment, but the dependents cannot
claim both at the same time. Referring to the terms and conditions of the
N.C.W. Agreement, learned counsel explains that on the death of the
employee, the widow has the option to elect either compassionate
appointment for herself or for her dependent children or compensation. Both
the petitioners had initially opted for compassionate appointment and never
opted for compensation. The prayer for compassionate appointment was in
the process of being considered but a dispute arose between the survivors of
the deceased employee over claim for compassionate appointment. Since, as
explained by the learned counsel for the petitioner, the present claim being
the latest and the final claim made by the widow of the deceased for
compensation, it will be deemed that the petitioners do not demand for
compassionate appointment any further and accordingly, the respondents
would consider the demand for monetary compensation payable to the
widow of the deceased employee.
6. Considering the above facts and circumstances and in the light of the
present option of the petitioner No. 1 for payment of monetary
compensation, the respondents are directed to pay the petitioner No. 1
monetary compensation treating the same to be her final option. Such
monetary compensation shall be payable to the petitioner No. 1 from the
date of death of her deceased husband, within two months from the date of
receipt/production of a copy of this order.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the
respondent C.C.L.
(D.G.R. Patnaik, J.)
Birendra/