Disposed

Chaiti Devi v. M/S Central Coalfields Limited

Jharkhand HC11 Feb 2021WPC/2888/2009

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition seeking compassionate appointment for the petitioner's son. The court directed the petitioner to submit a No Objection certificate from all legal heirs of the deceased before the respondent authorities within four months.

What did the court decide?

Directed the petitioner to submit a No Objection certificate from all legal heirs and file a representation before Respondent No. 4 within four months.

Chaiti Devi Vs M/S Central Coalfields… — Pension and Retirement Benefits | Jharkhand HC (2021)

¶1

THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2888 of 2009

¶2

¶3

Chaiti Devi ..… Petitioner

¶4

Versus

¶5

M/s Central Coalfields Ltd. Through its Chairman-cumManaging Director

¶6

Project Officer, M/s Central Coalfields Ltd., Bachra, District Chatra

¶7

General Manager, M/s Central Coalfields Ltd., Chatra

¶8

Personnel Manager, M/s Central Coalfields Ltd., Chatra

¶9

….. Respondents

¶10

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

¶11

¶12

For the Petitioner : Mr. M.B. Lal , Advocate For the Respondents : Mr. A.K. Das, Advocate

¶13

05/11.02.2021 Heard learned counsel for the parties through V.C.

¶14

2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to consider the case of the petitioner for appointment of her son under Clause 9.3.2 of the National Coal Wages Agreement (NCWA) as her husband died in harness on 06.07.2008 due to an accident.

¶15

3. A counter affidavit has been filed in this case, wherein it has been categorically stated that the employment has been claimed by the son of the second wife of the deceased employee, but at the same time the first wife and children were alive; as such it has been contented that the same cannot be considered in absence of “No Objection certificate” from other legal heirs.

¶16

4. Mr. M.B. Lal, learned counsel for the petitioner submits that the instant writ application may be disposed of with a liberty to this petitioner to file the “No Objection certificate” before the respondent authorities so that claim of this petitioner can be considered.

¶17

5. Mr. Amit Kumar Das, learned counsel for the respondent C.C.L., relying upon paragraph 7 to 10 of the counter affidavit submits that the application for appointment has been submitted by the son of Chaiti Devi, but the same cannot be processed till “No Objection certificate” of other legal heirs is received; as such the case may be disposed of by

¶18

-2-

¶19

directing the petitioner to produce the “No Objection certificate” of all the legal heirs of the deceased employee at the earliest so that her claim can be considered.

¶20

6. In view of the aforesaid submission and categorical statement made in the counter affidavit, especially in Paragraph 7 to 10; the instant writ application is, hereby, disposed of by directing the petitioner to file a representation before Respondent No.4 along with “No Objection certificate” from all the dependents of the deceased employee within a period of four months from today.

¶21

If any such representation along with the “No Objection certificate” given by all the dependents in favour of the petitioner is submitted before Respondent No.4; necessary order for compassionate appointment shall be passed after verification of record and in accordance with N.C.W.A prevalent at the time of the death of the employee. 7. With the aforesaid terms the instant writ application stands disposed of.

¶22

(Deepak Roshan, J.)

¶23

sm/

Chaiti Devi v. M/S Central Coalfields Limited

Case brief

What is this about?

What did the court decide?

Chaiti Devi v. M/S Central Coalfields Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sudhir Mohan Bakshi Vs State of Jharkhand And Ors.

Gura Hembrom Vs State of Jharkhand

Smt.Suro Singh Kuntiya Vs State of Jharkhand

Umesh Roy Vs State of Jharkhand And Ors.

Ramesh Kumar Vs State of Jharkhand And Ors.

Amar Singh Vs State of Jharkhand And Ors.