IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 5915 of 2008
...
Soma Tirkey ... Petitioner
-V e r s u s-
Central Coal Fields Ltd. and Others .... Respondents
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - Mr. Ashutosh Anand, Advocate.
For the Respondent Nos. 1 to 6 : - Mr. Ananda Sen, Advocate.
For the Respondent No. 7 : - Mr. Deepak Roshan, Advocate
...
2 / 04.03.2009
Claim as raised by the petitioner in this writ application is for a direction
to the respondents to consider the payment of the death-cum-retiral benefits in the
account of the petitioner’s wife who was an employee of the Respondent C.C.L.
and had died while in employment on 07.03.2008.
The claim includes the payment of Pension, Gratuity, Provident Fund,
Group Insurance Fund, Monetary Compensation, Arrears of Salary and Leave
Encashment together with interest calculated @ 12% per annum on the above
payments.
A further prayer has also been made for grant of compassionate
appointment to the son of the deceased.
2. Heard learned counsel for the petitioner and learned counsel for the
respondents.
3. In the light of the explanations of the petitioner’s case and in the light of
the facts and circumstances of the case, the respondent employer namely the
C.C.L. is directed to consider the petitioner’s claim for the payment of the retrial
benefits stated above including the claim for grant of compassionate appointment
and take appropriate decision on the same by passing a speaking and reasoned
order within two months from the date of receipt of a fresh representation from
the petitioner together with a copy of this order. The concerned authorities of the
respondents shall assess the amount which is payable to the petitioner under each
of the heads and shall ensure that such payments are made to the petitioner within
the period stipulated above. As regards the payment of pension and Provident
Fund amount, the respondent employer shall assess the same and forward the
requisite documents to the Respondent No. 7 for enabling the Respondent No. 7
to process the same and sanction payment of pension and Provident Fund amount.
This shall also be considered and complied with by the respondent employer
within the aforesaid period of two months.
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. and C.M.P.F.
(D.G.R. Patnaik, J.)
Birendra/