ORDER
M.Y. Eqbal, J.
1. By filing writ petition on 13.4.2005, petitioner is challenging the order contained in letter dated 15.12.2003 whereby claim of the petitioner for compassionate appointment has been disallowed and direction was issued for payment of monetary compensation.
2. Petitioner’s father late Charku Mahto was regular employee of Central Coal Field Limited and posted as Clerk Grade II G.M. Office, Kuju area. He died in harness on 1.1.1996. The widow thereafter filed an application in 1996 intimating the death of her husband and applied for her employment in place of her husband but the Management refused to give employment and instead of that ordered for payment of monetary compensation. Petitioner’s case is that she did not receive any compensation. In 1997 she applied for employment for her son, who attained the age of 18 years. The said claim of the petitioner was rejected and was communicated by Personnel Manager (MP) to the Staff Officer (P) of Kuju Area of Central Coal field Limited. The letter reads as under :
“To
The Staff Officer (P)
Kuju Area
Dear Sir.
Please refer to your letter No. GM(K)PD-9.3.2./2003/02 dated 1.4.2003, regarding employment of Sri Dayanand Mahto, S/o Lt. Charku Mahto, Ex-Clerk Gr. II, G.M. Office, Kuju under para 9.3.2. It is obvious from the case file that on receipt of proposal from area approval of competent authority for payment of monetary compensation to Smt. Mano Devi, W/o Late Charku Mahto, had already been communicated to GM (K), Kuju. vide this office letter No. PD/MP/M. Benefit/96/5663 dated 19.9.1996. Accordingly she should have been paid monetary compensation as-per the rate prevailing at that time. Further request of Smt. Mano Devi for providing employment to her son Sri Dayanand Mahto may not be agreed as at the time of death of her husband Sri Dayanand Mahto was quite minor and proposal was not received initially from the person concerned as well as area to keep his name on Live Roster.
Therefore, it has been decided by competent authority to revive our previous letter No. 5663, dated 19.9.1996 through which approval of competent authority was communicated to area for payment of monetary compensation and accordingly monetary compensation should be paid to her from the date of original application at the rate prevailing at that time.
Yours faithfully,
Sd/-
(N.D. Sharma)
Personnel Manager (MP)”
3. From the aforesaid letter it is manifest that the monetary compensation was neither tendered nor paid to the widow, rather the decision still remained on paper.
4. Having regard to the fact that the petitioner was minor at the time of death of his father and about nine years have passed, I am not inclined to issue any direction for considering the case of the petitioner for employment. However, admittedly, the monetary compensation has not been paid to the widow because of the negligence of the respondents which is evident from the letter stating that monetary compensation should have been paid to the widow.
5. In such circumstance, I direct the respondents to release monetary compensation together with interest 9% per annum from the date of death of the employee till payment. The amount must be released within a period of six weeks from the date of receipt/production of a copy of this order.
6. With the aforesaid direction, this writ petition is disposed of.