Anju Dhangar v. M/S Eastern Coalfields Limited And ORS

09.11.2021 sb Ct 23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 16133 of 2021 Smt. Anju Dhangar Vs.

M/s. Eastern Coal Fields Limited & Ors.

Mr. Partha Ghosh, Mr. Amal Kumar Datta, Mr. Subhojit Seal .... For the petitioner Mr. Mansoor Alam ... For the respondents.

Affidavit of service filed in Court today is taken on record.

The petitioner is the widow of a former employee of Eastern Coalfields Limited (in short, ECL), who died-inharness on 13th December, 1997. The petitioner says that under the Scheme prevalent in ECL at the time of death of the employee any of the legal heirs of the deceased employee is required to be given compassionate appointment or Monthly Monetary Cash Compensation (in short, MMCC). The petitioner applied for compassionate appointment on 26th March, 2009 for her son-in-law. However, the compassionate appointment was never granted to either of the petitioner's son-in-law or to any legal heir of the petitioner's deceased husband. The

petitioner therefor had claimed MMCC. The petitioner, however, is entitled to claim MMCC in accordance with the prevailing rules. The petitioner had made a representation for granting monetary compensation with effect from 13th December, 1997, being the date of death of her husband, along with interest. The said representation was made on 19th February, 2021 and has not yet been disposed of. The petitioner had filed this writ petition on 28th September, 2021.

In the facts and circumstances as aforesaid, I direct the respondent no.3, being the Director Personnel (ECL) to consider the petitioner's representation after affording the petitioner a reasonable opportunity to represent her case following Covid-19 prevailing protocol and dispose of the same by a reasoned order within six weeks from date and communicate the order immediately.

The parties, including the respondent no.3 shall act on the basis of the server copy of the instant order without insisting upon production of certified copy thereof. Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavit, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of necessary formalities.

(Arindam Mukherjee, J.)