Judgment:
INTHEHIGHCOURTOFJHARKHADATRANCHI W.P.(S)No.7551of2012 With W.P.(S)No.1256of2013 With W.P.(S)No.1619of2013 Satya Narayan Prasad Petitioner (W.P.(S)No.7551of2012) Sukhdeo Petitioner(W.P.(S)No.1256of2013) FulwantiDevi Petitioner(W.P.(S)No.1619of2013) Versus The Mineral Area Development Authority & anr/ors....Respondents (in all cases) ----- CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.MahadeoThakur,Adv.(W.P.(S)No.7551of2012) ForthePetitioner :Mr.SomeshwarRoy,Adv.(W.P.(S)No.1256of2013) ForthePetitioner :Mr.NiranjanSingh,Adv.(W.P.(S)No.1619of2013) FortheRespondentsMADA:M/s.BhaweshKumar,RaviKumar andRahulKamlesh,Advs. ----- 2/19.8.2013 Heard learned counsel for the parties. The petitioner in W.P.(S) No. 7551 of 2012, is said to have retired on 31st May, 2012 while working as Care Taker, Guest House, under Water Supply Sub-division, Topchanchi from the services of the Respondents-Mineral Area Development Authority, Dhanbad. According to him, the post retirement dues as well as arrears of salaries are not being paid to them, though he has made representation before the respondents-MADA vide Annexures 2 & 2/1. He has also vacated the residential quarter. The petitioner in W.P.(S) No. 1256 of 2013, is said to have retired on 31st January, 2011 while working as Shodhak from the services of the Respondents-Mineral Area Development Authority, Dhanbad. The grievance of the petitioner is that his post retirement dues such as provident fund with contributory benefits, gratuity, leave encashment, group insurance, dearness allowances, benefits of 6th pay revision, benefits of A.C.P. etc. have also not been paid though he has made representation before the respondents-Mineral Area Development Authority, Dhanbad vide Annexure-2. The petitioner in W.P.(S) No. 1619 of 2013, claims herself to be the widow of the deceased employee, Ram Ayodhya Singh, who is said to have died in the capacity of Daftari in harness on 31th December, 2012, while working under the Respondents-MADA. The petitioner in the instant case seeks direction upon the respondents to pay death-cum-retiral dues and other service legal dues of the deceased employee as also to take a decision on the representation of the petitioner for compassionate 2. appointment of her son, Indrajeet Singh in place of her deceased husband. Learned counsel for the Respondents-MADA submits that if the petitioners approach the competent authority i.e. Managing Director, MADA with fresh representations individually together with all supporting facts and documents relating to the grievances of post retirement dues/death-cum-retiral dues the same shall be looked into after verification of all the service records of the petitioners in accordance with law, Rules and Guidelines prevalent in the Respondents-MADA. In such circumstances, since the matters relate to post retirement dues/death-cum-retiral dues as also claim for compassionate appointment against the death of one of the writ petitioner, the writ petitions are being disposed of without commenting anything upon the claim of the individual petitioners' with liberty to them to prefer fresh individual representation before the Respondents-Managing Director of MADA, Dhanbad together with all supporting facts and documents within a period of 3 weeks. On receipt of such representations, the Respondents- Managing Director, MADA shall consider the same in accordance with law and after verification of such service records of the retired employees/deceased employee pass a reasoned and speaking order in accordance with law, Rules, Guidelines and Circulars prevalent in the Department of MADA, so far as their grievances are concerned within a period of 12 weeks thereafter, which shall also be communicated to the individual petitioners. Needless to say that if any of the claim of these petitioners are found to be genuine and admissible, the same shall also be paid as per scheme framed by the respondents MADA, which is applicable to the retired employees of MADA. Such payments as per the Scheme should commence within one month of the passing of the reasoned order. Accordingly, these writ petitions are disposed of in the aforesaid term. (Aparesh Kumar Singh, J) jk