WRIT PETITION 6730 of 2023 on 14 September 1999

1. M/s Central Coalfields Limited having its office at Darbhanga House, Ranchi, office at Kutchery Road, P.O. & P.S. Morabadi, District Ranchi, Jharkhand through its authorized signatory Jobi VP, aged about 53 years, son of Late V V Philip working for gain at Darbhanga House, P.O. & P.S. Morabadi, District Ranchi Kutchery Road, P.O. & P.S. Morabadi, District Ranchi, Jharkhand through its authorized signatory Jobi VP, aged about 53 years, son of Late V V Philip working for gain at Darbhanga House, P.O. & P.S. Morabadi, District Ranchi

2. The Director Personnel (Head Quarter), Central Coalfield Limited, Darbhanga House, Ranchi, office at Kutchery Road, P.O. & P.S.-Morabadi, District-Ranchi, Jharkhand Ranchi, office at Kutchery Road, P.O. & P.S.-Morabadi, District-Ranchi, Jharkhand 3.The General Manager (H.R.D.), Central Coalfield Limited, Darbhanga House, Ranchi, office at Kutchery Road, P.O. & P.S.-Morabadi, District-Ranchi, Jharkhand office at Kutchery Road, P.O. & P.S.-Morabadi, District-Ranchi, Jharkhand

4. The General Manager (P & I R), Central Coalfield Limited, Darbhanga House, Ranchi, office at Kutchery Road, P. O. & P.S.-Morabadi, District-Ranchi, Jharkhand Ranchi, office at Kutchery Road, P. O. & P.S.-Morabadi, District-Ranchi, Jharkhand 5.The General Manager Dhori Area, Central Coalfield Limited, Dhori, P.O. & P.S.-Dhori, District-Bokaro, Jharkhand Dhori, District-Bokaro, Jharkhand

6. The Project Officer, Central Coalfield Limited, Tarmi O.C.P., P.O. & P.S.-Tarmi, District-Bokaro, Jharkhand District-Bokaro, Jharkhand

7. The Finance Manager, Tarmi O.C.P., Central Coalfield Limited, Tarmi, P.O. & P.S.-Tarmi, District-Bokaro, Jharkhand Tarmi, District-Bokaro, Jharkhand

8. The Staff Officer (P & A), Central Coalfield Limited, Dhoro Area, P.O. & P.S.-Dhori, District-Bokaro, Jharkhand .… Petitioners District-Bokaro, Jharkhand .… Petitioners

Versus

Basanti Bai, aged about 40 years, wife of Late Mangtu Ram, resident of Central Colony Makoli, P.O.-Makoli, P.S. Chandrapura, District Bokaro, Jharkhand

.... Opp. Party

....

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioners : Mr. Indrajit Sinha, Adv. : Mr. Ankit Vishal, Adv. For the Opp. Party : ....

04/02.05.2025

1. The present civil review has been filed for review of the order dated 05.09.2023 passed in W.P.(S) No.774 of 2023.

2. By the impugned order, the writ petitioner has been given the benefit which is quoted hereinbelow-:

“The respondent authorities are directed to pay rest of the monetary compensation for the period 10.07.2007 to 01.07.2020 within six weeks compensation for the period 10.07.2007 to 01.07.2020 within six weeks from the date of receipt/production of copy of this order.”

3. The above direction for the aforesaid period has been given after considering the fact that law is settled that the dependent is entitled for monetary compensation from the date of death of the employee not from the date of application.

4. Learned counsel for the petitioners has relied upon the order of the Hon’ble Apex Court in the case of M/s Eastern Coal Fields Ltd. & Ors. Vrs. Dukhni Bhuiya passed in Civil Appeal No.6730 of 2023. Paragraph-3 of the said order is quoted hereinbelow:- Shahid/uploaded “Having regard to the fact that the respondent had not applied to the appellant-management for seeking monetary compensation upon the demise of her husband (an employee of the appellant-company) who had died in harness on 14th September, 1999, till as late as in the year 2020, we are of the opinion that the interim order passed by this Court on 14th October, 2022, directing the appellant to pay to the respondent the amount due under Clause 9.5.1(i) of the National Coal Wage Agreement, as amended up to date for the period reckoned backwards for three years prior to the date of the writ petition was filed by the respondent in the High Court, should suffice in the instant case.”

5. The ground taken by the learned counsel for the petitioners is not acceptable to this Court for the following reasons:- i. The subsequent change in law or any order of the Hon’ble Apex Court cannot be a ground for review and at best it is a ground for appeal.

ii. Even factually in the present case, the date of death of the employee is 10.07.2007 while the representation for compassionate appointment has been made on 14.08.2010 i.e. within prescribed period. Thereafter the matter has travelled from one Court to another Court and to the authority. Ultimately, monetary compensation has been granted w.e.f. 01.02.2020 i.e. from the date of alleged application.

6. Law is also settled that a person concerned is supposed to make application for compassionate appointment and it is upon the authority either to grant compassionate appointment or monetary compensation depending upon the factual matrix of the claim.

7. Thus, this Court finds that the present review petition is not maintainable. Accordingly, the same is hereby dismissed.

(Rajesh Kumar, J.)