Smt Sushila Devi Vs Ms Central Coalfields Ltd. through Its Chairman Cum Managing Director

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (S) No. 1709 of 2020

Smt. Sushila Devi, W/o Late Rajeshwar Rai, aged about 41 years, r/o Dhaura No. 5, P.O Dhori, P.S. Bermo, Dist. Bokaro ----- Petitioner (s) Versus

¶3

M/s Central Coalfields Limited, Darbhanga House, CCL, P.O, P.S & Dist. Ranchi through its Chairman cum Managing Director

¶4

General Manager (P&IR) (MP), M/s CCL, Darbhanga House, P.O, P.S & Dist. Ranchi

¶5

Project Officer, M/s CCL, Amlo Project, Dhori Area, P.O Dhori, P.S. Bermo, Dist. Bokaro ----Respondent (s)

¶6

¶7

CORAM: Hon’ble Mr. Justice Ambuj Nath

¶8

¶9

For the Petitioner (s): M/s Ashutosh Anand, Rishi Bharti, Priyasha Priyadarshani, Advocates For the Resp.-CCL: Mr. Amit Kr. Sinha, Advocate

¶10

¶11

11 / 13.08.2024 The petitioner has filed this writ application for issuing direction upon the Respondents to pay monetary compensation to her from 01.02.2014 till the date of her appointment i.e. 10.07.2019 with interest @ 12% per annum.

¶12

Husband of the petitioner late Rajeshwar Rai died in harness while in service of the Respondents in the year 2014. The petitioner after death of her husband applied for appointment on compassionate ground on 01.02.2014. After litigation before this Court, prayer of the petitioner for compassionate appointment was allowed and she was appointed on compassionate ground on 11.07.2019.

¶13

Now, the prayer of the petitioner is that she should be compensated by giving her compensation from the date of death of her husband till the date of her appointment on compassionate ground.

¶14

Mr. Ashutosh Anand, learned counsel appearing on behalf of the petitioner, has drawn attention of this court towards the order dated 01.04.2019 passed in W.P (S) No. 1340 of 2009 [ Smt. Sumitra Devi versus M/s B.C.C.L and others ] by the learned single Judge of this court. From perusal of which, it appears that facts of case cited above are starkly different from the facts of the present case.

¶15

Learned counsel for the Respondents has drawn attention of this Court towards the order passed in W.P (S) No. 5372 of 2017 [ Bigan versus Central Coalfields Limited and others] dated 20.02.2019, whereby the learned single Judge has held as under:

¶16

“Learned counsel appearing for the respondent- C.C.L. opposes the prayer of the petitioner and submits that the petitioner has already been

¶17

¶18

appointed on compassionate ground. He submits that delay occurred because of the determination of the age of the petitioner as there was some discrepancy. He further submits that what loss the petitioner has suffered, has not been mentioned in the writ application and in absence of that, no compensation can be granted to the petitioner.”

¶19

As per NCWA, petitioner had two options, either to get monetary compensation or to get appointment on compassionate ground. The petitioner has chosen the option of appointment on the compassionate ground. As such, no monetary compensation can be granted to her.

¶20

In view of the aforesaid discussion, this writ application is dismissed.

¶21

Pending I.A., if any, stands disposed of.

¶22

(Ambuj Nath, J)

¶23

Ranjeet/ Uploaded

Smt Sushila Devi v. Ms Central Coalfields Ltd. through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

Smt Sushila Devi v. Ms Central Coalfields Ltd. through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Suman Lata Singh Vs the Kolhan University through Its Vice Chancellor

Sunil Kumar Gupta Vs the State of Jharkhand

Bishnu Kumar Vs Personnel And Adminis Reform

Anjali Panda Vs the State of Jharkhand through the Secretary School Education and Literacy Deptt

Bansh Lochan Ram Vs Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director

Brajesh Kumar Paswan Vs the M/S Bharat Coking Coal Ltd.