Disposed

Anar Devi and Anr. v. The Mineral Area Development Authority Represented Through Its Managing Director And Anr.

Jharkhand HC11 Mar 2014WPC/966/2014

Case brief

AI extract

What is this about?

Writ petition regarding death-cum-retiral benefits and compassionate appointment for the family of a deceased MADA employee disposed of by directing fresh representation to the Managing Director within three weeks for redressal.

What did the court decide?

Petitioners directed to prefer fresh representation before Respondent No. 2 within three weeks for consideration of death-cum-retiral benefits and compassionate appointment claims.

Anar Devi and Anr. Vs The Mineral Area… — Pension and Retirement Benefits | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 966 of 2014

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...

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Anar Devi

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Mathura Koranga

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… …Petitioners

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-V e r s u s-

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The Mineral Area Development Authority through its Managing Director, Dhanbad and Ors. ... ...Respondents

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CORAM: - HON’BLE MR. JUSTICE APARESH KUMAR SINGH

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… For the Petitioner : - Mr. Deepak Kr. Prasad, Adv. For the Respondents : - M/s Bhawesh Kumar, Ravi Kumar & Debarsi Mandal

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....

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02/11.03.2014

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Heard learned counsel for the parties.

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The husband of the petitioner no. 1 namely late Harna Koranga is said to have died in harness on 29.08.2012 while working on the post of Sweeper under the respondent-MADA, Dhanbad.

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The petitioners, who are widow and son of the deceased employee, have approached this Court for death-cum-retiral benefit and other service dues of the deceased employee and also made a prayer to consider compassionate appointment of the petitioner no. 2 on the death of his father in harness. According to the petitioners, the grievances have remained unredressed despite representations made vide Annexuure- 2 and 5 respectively.

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Learned counsel appearing on behalf of the respondentsMADA, however, submits that if petitioners approach the respondent no. 2, Managing Director, MADA, Dhanbad, their grievances shall be looked into and redressed as per the scheme which is being made applicable to retired employees of MADA.

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In such circumstances, without commenting upon the merits of the case of the parties at this stage, the writ petition is disposed of by allowing the petitioners once again to prefer a fresh representation before the respondent no. 2, Managing Director, MADA, Dhanbad together with all supporting facts and documents for redressal of their grievances i.e. in respect of death-cum-retiral dues and other service dues of the deceased employee as also for compassionate appointment of petitioner no. 2, Mathura Koranga within a period of three

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weeks. On receipt of such representation, the respondent no. 2, Managing Director, MADA, Dhanbad shall consider the same in accordance with law and after proper verification of the service records of the deceased employee and also considering the eligibility of the petitioner no. 2 on the criteria laid down for compassionate appointment under MADA, pass a speaking and reasoned order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner.

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Needless to say, if the claim of the petitioners is found to be genuine and they are entitled to any legally admissible dues on account of death-cum- retiral benefits and other service dues, the same should be disbursed as per the scheme which is being made applicable to retired employees of MADA.

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Accordingly, the writ petition is disposed of in the

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aforesaid terms.

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(Aparesh Kumar Singh, J.)

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Kamlesh/Ritesh

Anar Devi and Anr. v. The Mineral Area Development Authority Represented Through Its Managing Director And Anr.

Case brief

What is this about?

What did the court decide?

Anar Devi and Anr. v. The Mineral Area Development Authority Represented Through Its Managing Director And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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