JUDGMENT :

Heard Mr. Manish Kumar, the learned counsel appearing for the petitioner, Mr. D.K. Chakraverty, the learned counsel appearing on behalf of the respondent-CCL and Ms. Prity Sinha, the learned counsel appearing for the respondent-CMPF.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioner has preferred this writ petition for quashing the order dated 09.05.2003 whereby the petitioner's husband was removed from service. The further prayer is made for a direction to appoint the petitioner on compassionate ground as her husband who was an employee of the respondent-organization died in harness and the petitioner is entitled to get appointment in view of clause-9.5.0(iii) of the NCWA-VI. Prayer for payment of retiral dues are also made.

4. The petitioner's husband was working as Mechanical Fitter, Category-IV in Govindpur Colliery of the respondent-company. The petitioner's husband was suffering from mental disease and was referred to mental hospital where he was diagnosed to be suffering from Tuberculosis and was referred to Gandhinagar Hospital, Ranchi on 26.08.1997 wherefrom he was referred to R.K. Mission T.B. Sanatorium on 02.09.1997 and thereafter he returned back to his house but went missing on 06.01.1998. The Medical Superintendent vide his letter dated 29.06.2000 asked the petitioner's husband to meet him immediately. On 18.05.2000, the respondent issued show cause to the deceased employee asking him to show cause for his long absence. The father of the deceased employee replied to the aforesaid show cause along with copy of Sanha lodged at local P.S and informed the respondents that his son is traceless since 06.01.1998 and requested them to take appropriate decision on humanitarian ground. The said letter is brought on record as Annexure-3 to the writ petition. The respondent-CCL did not consider the aforesaid reply submitted by the father of the deceased employee and decided to conduct enquiry against the charges of the deceased employee. The father of the deceased employee appeared and again submitted a representation on 10.08.2000 as contained at Annexure-4 to the writ petition and requested to drop the enquiry. The matter remained pending and on 06.05.2002, the enquiry officer issued a letter to the deceased employee asking him to appear in the enquiry on 17.05.2002 failing which the enquiry would be conducted ex-parte and since the deceased employee did not appear, the enquiry officer submitted his report on 08.08.2002 holding the charge to be proved against the deceased employee. The second show cause and the enquiry report were transmitted to the house of the deceased employee and again a request was made by the father of the deceased employee not to proceed with the disciplinary proceeding as he was missing since 06.01.1998. The deceased employee was removed from service on 09.05.2003. The appeal was preferred on 16.05.2004 before the Chairman-cum-Managing Director of the respondent-CCL which was not considered after lapse of 11 years from the date her husband was missing and remained traceless. The petitioner filed a title suit being T.S.No.30/2009 for declaration that the deceased employee was no longer alive. The said suit was allowed by the judgment and decree whereby it was declared that the petitioner's husband was dead and it was ordered that death certificate of the petitioner's husband be issued in favour of the plaintiffs. The respondent-CCL was also a party to that suit. Thereafter, the petitioner submitted a representation before the respondent no.3 on 26.07.2018 along with a copy of the aforesaid judgment and decree and requested for payment of gratuity, provident fund and other death cum retiral dues. On 27.02.2019, a request was