Saraswati Bauri v. M/S Eastern Coal Fields Ltd And ORS

02/07 In the High Court at Calcutta Constitutional Writ Jurisdiction AD/38/18 Appellate Side 266312 WPA/28622/2025 NANDY (DO) SARASWATI BAURI VS M/S. EASTERN COALFIELDS LIMITED & ORS.

Mr. Partha Ghosh, Advocate Mr. Amal Kumar Datta, Advocate Mr. Debasish Das, Advocate Mr. Bratin Suin, Advocate ......for the Petitioner Mr. Manik Das, Advocate ......for the Respondent Nos. 1 to 8 Mr. Kallol Guha Thakurta, Advocate Mr. Md. Wasim Rahaman, Advocate Mr. Dipankar Dutta, Advocate Mr. Rajesh Nath Goswami, Advocate ......for the Respondent No. 9

1. The petitioner is aggrieved that neither the pension nor the other retiral benefits payable to her, on account of her late husband who was employed with Dalmiya Colliery, which subsequently merged with Bonjemehari Colliery, have been paid. She claims such entitlement since 1993.

2. Mr. Das, learned Advocate appearing for respondent no. 1, submits that after the lapse of such a long period of time, the papers and requisite documents are not traceable and on that account, the same could not be forwarded to respondent no. 9, who is the paying authority.

3. The petitioner is directed to forward all particulars and available documents with her to respondent no. 1 by July 15, 2026, along with a covering letter.

4. Respondent no. 1 will forward the same to respondent no. 9, within a week from the receipt of such documents from the petitioner.

5. Respondent no. 9, will take an appropriate decision insofar as the disbursement of pension and provident fund are concerned.

P a g e | 2

6. The petitioner will also submit all requisite documents before respondent no. 1 to further her claim for gratuity by July 20, 2026.

7. Respondent no. 1 will take a decision on this issue and, if found eligible, will disburse the amount within a period of two weeks from the date of receipt of the application.

8. If the petitioner is found ineligible, the respondent authority will pass a reasoned order as to why she is ineligible, within the afore-stated timeline and will communicate the same to the petitioner.

9. With these afore-stated directions, the writ-petition is disposed of. No order as to costs.

(Reetobroto Kumar Mitra, J.)