Rajesh Hansda Son Of Rasik Manjhi vs Bharat Coking Coal Limited
2022 Latest Caselaw 4063 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      W.P.(S) No. 4751 of 2022
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1. Rajesh Hansda son of Rasik Manjhi, resident of Village Kashidih, Bhaluahi, PO Senadoni, PS and District Giridih.

2. Dulari Hansda daughter of Late Rasik Manjhi, wife of Sonaram Murmu, resident of Village Jitpur, Tola Domasinga, PO Handadih, PS Giridih (N), District Giridih).

                                                            ...    Petitioners
                                              -versus-

1. Bharat Coking Coal Limited, through its Chairman cum Managing Director, Dhanbad.

2. The Director (Personnel), Bharat Coking Coal Limited, Dhanbad.

3. The Project Officer, Bharat Coking Coal Limited, Nichitpur Colliery, Sijua Area, PO PS Sijua, District Dhanbad.

                                                            ...    Respondents
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                  CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioners : Mr. Navin Kumar Singh, Advocate For the Respondents : Mr. Shivam Utkarsh Sahay, Advocate

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2/ 10.10.2022 Heard learned counsel for the petitioners and learned counsel appearing for the respondents.

2. Petitioners have prayed for an appropriate order directing the respondents to grant compassionate appointment to the petitioner No.1 on account of death of his mother. They also pray for death-cum-retirement benefits.

3. Counsel for the petitioners submits that the petitioners had approached the Civil Judge Senior Division IV, Giridih in Title Suit No.97 of 2012. The said title suit was decreed in favour of the petitioners vide judgment dated 21st day of May, 2018. It is their case that inspite of the said judgment, neither the death-cum-retirement benefits have been released in favour of the petitioners nor a decision has been taken on the issue of compassionate appointment.

4. Considering the aforesaid submissions, I direct the respondent No.2 to take a decision on the death-cum-retirement benefits of Dasani Manjhian, who died on 17.11.2007, after taking into consideration the judgment passed by the Civil Judge Senior Division IV, Giridih. Respondents will also take a decision on the issue of compassionate appointment, considering the rules and law prevalent on the aforesaid issue. The decision aforesaid should be taken within a period of 12 (twelve) weeks from the date of receipt of representation to be filed by the petitioners along with a copy of this order. If it is found that the petitioners are entitled to any relief, same will be

paid within 4 (four) weeks, thereafter and if any part of the claim is disputed or denied by the respondents, reasons thereof should be communicated to the petitioner within the aforesaid time.

5. With the aforesaid observations and directions, this writ petition stands disposed of.

(Ananda Sen, J.) Kumar/Cp-02