IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 7903 of 2006
With
I.A. No. 1451 of 2008
Sujit Kumar Sen ... Petitioner
Versus
The Commissioner, Coal Mines Provident
Fund, Dhanbad & others ... Respondents
.............
CORAM: HON'BLE MR. JUSTICE D.N.PATEL
.............
For the Petitioner Mr. Ashok Kumar Sinha
For the Respondents Mr. Anoop Kumar Mehta
.............
6/ Dated: 26th of June, 2009
I.A. No. 1451 of 2008:
1. Having heard learned counsels for both the sides and
looking to the facts and circumstances of the case, it appears
that the petitioner has expired on 14th June, 2007 and,
therefore, legal heir of the original petitioner namely, Kalpana
Sen, who is the widow of the original petitioner, required to be
joined as petitioner in this petition. Death certificate is also
annexed with the memo of the interlocutory application.
2. In view of these facts, I hereby allow this interlocutory
application. Legal heir of the original petitioner is permitted to
be joined as petitioner in this petition.
3. I.A. No. 1451 of 2008 is, accordingly, disposed of.
W.P. (S) No. 7903 of 2006:
1. Learned counsel for the petitioner submitted that suffice
it will be for disposal of the present writ petition, if a direction
is given to the concerned respondent authorities to treat this
writ petition as a representation and decide the same, in
accordance with law, after giving an adequate opportunity of
being heard to the legal heir of the petitioner or to her
representative.
2. I have heard learned counsel for the respondents, who
has submitted that they have no much objection, if such a
direction is given to the concerned respondent authorities to
treat this writ petition as a representation and decide the same
in accordance with law, within stipulated time.
3. Having heard learned counsels for both the sides and
looking to the facts and circumstances of the case, I hereby
direct General Manager (Personnel Executive Establishment)
2.
of Bharat Coking Coal Limited or any other competent person
appointed by Bharat Coking Coal Limited to treat this writ
petition as a representation and decide the same in accordance
with law, rules, regulations, policy and enforceable
Government order applicable to the legal heir of the petitioner,
after giving an adequate opportunity of being heard to the legal
heir of the petitioner or to her representative, as expeditiously
as possible and practicable, preferably within a period of
sixteen weeks from the date of receipt of a copy of the order of
this Court.
4. If the representation is decided in favour of the legal heir
of the petitioner, the amount payable to the petitioner will be
paid with statutory interest through the Coal Mines Provident
Fund within further period of two weeks thereafter.
5. The petition is, accordingly, disposed of in view of the
aforesaid directions.
(D.N. Patel, J.)
Ajay/