Smt. Kumari Devi v. South Eastern Coalfields Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 939 of 2017 • Smt. Kumari Devi W/o Late Shri Dharamdas, Aged About 46 Years R/o S E C L Domnara Colony, Qr. No. M/146, P O Pharakanara, Tahsil Kharsiya, Distt. Raigarh (Chhattsigarh) ---- Petitioner

Versus

1. South Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director, South Eastern Coalfields Limited, Sipat, Bilaspur, (Chhattsigarh)

2. General Manager (Personnel), South Eastern Coalfields Limited, Raigarh Area, Raigarh (Chhattsigarh)

3. Deputy General Manager ( Personnel), South Eastern Coalfields Limited, Chhal Sub Area, Distt Raigarh, (Chhattsigarh)

4. Manager (Personnel), South Eastern Coalfields Limited, Sipat, Bilaspur, (Chhattsigarh) -- Respondents For Petitioner :

Shri Dhani Ram Patel, Advocate For Respondents :

Shri Vinod Deshmukh, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 23.02.2017 1.

The present petition has been filed by the petitioner with a prayer for the monetary compensation payable to her as the widow of deceased employee under the instruction dated 05.01.2001 annexed as Annexure P/6 with the petition, which is a circular in respect of the implementation instruction No.8 of the National Coal Wage Agreement-VI, wherein provision for monetary compensation to the female dependent of the deceased employee is provided with. 2.

Learned counsel for the petitioner submits that the petitioner has been granted monetary compensation with effect from 01.01.2015 whereas

she was entitled for the same from 26.02.2013 i.e. from the date of death of the deceased employee. The petitioner does not seem to have made representation to the higher authorities in the Department and has straight away filed this petition.

3.

Let the petitioner file a detailed representation in this regard to the General Manager (Personnel) at the SECL Headquarters, Bilaspur along with a copy of this order within a period of two weeks from today. On receiving the representation, it is expected that the General Manager (Personnel) SECL Headquarters, Bilaspur shall take a decision on the representation of the petitioner positively within a period of two months from the date of receipt of representation. In case, if the petitioner is entitled for the benefit of monetary compensation with effect from the date of death of the deceased employee i.e. 26.02.2013, it be released forthwith and in case if the monetary compensation is applicable only from 01.01.2015, the petitioner would be intimated on what basis it would be applicable from 01.01.2015.

4.

With the aforesaid observation / direction, the instant petition stands disposed of.

Sd/- (P. Sam Koshy) JUDGE Chandra