Sumitra Devi vs Mineral Area Development Authority and Ors.

Pramath Patnaik, J. - Heard learned counsel for the parties.

The husband of the petitioner died in harness on 07.08.2013 while working as Sweeper in the Water Treatment Board, Jamadova, Mineral Area Development Authority, Dhanbad (in short "M.A.D.A") and the death certificate was issued by the Authority to that effect. The grievance of the petitioner is that the amount of arrears of due salary and other admissible service dues such as provident fund with Contributory Benefits, Gratuity, Leave Encasement, Group Insurance, Dearness Allowances, benefits of 6th Pay Revision w.e.f. 01.01.1996 and benefits of A.C.P etc. as well as any other legitimate dues with statutory interest have not yet been paid to him, though he has made representation before the competent authority of M.A.D.A vide Annexure 3 dated 09.04.2014 and further vide Annexure 3/1 dated 08.01.2015.

Learned counsel for the petitioner submitted that since the representations of the petitioner did not evoke any response, the petitioner being constrained has approached this Court under Article 226 of the Constitution of India, for redressal of his grievances.

Learned counsel for the respondents-M.A.D.A, on the other hand, submits that the petitioner may be directed to approach the competent authority i.e. Managing Director, M.A.D.A., who may look into the grievances of the petitioner in accordance with law.

In such circumstances, since the matter relates to payment of the amount of arrears of due salary and other service benefits of the late husband of the petitioner, the writ petition is disposed of by allowing the petitioner to prefer fresh representation before the respondent-Managing Director, M.A.D.A, Dhanbad together with all supporting facts and documents within a period of three weeks. On receipt of such representation, the respondent-Managing Director, M.A.D.A shall consider the same in accordance with law and after proper verification of the records of the late husband of the petitioner, pass a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner. It is made clear, if the grievances of the petitioner are found to be genuine and are entitled to legally admissible dues on account of the amount of arrears of due salary and other service benefits, the same shall also be disbursed with statutory interest as per the Scheme framed by the respondents-M.A.D.A, which is applicable to the employees of M.A.D.A.

Accordingly, writ petition is disposed of in the aforesaid terms.