Judgment R.M.Prasad, J. 1. This writ petition has been filed by the son of the deceased employee late Nanipat Mandal, who died in harness on 25.9.91 while working as Choukidar in the District of Darbhanga. 2. The grievance of the writ petitioner are two fold. The first grievance is that he has not been paid the death-cum retirement dues such as payment of Group Insurance, pension and oilier payments including the salary of his father for the period January, 90 to October, 90, May 91 to September 91. The second grievance of the petitioner is in regard to non-consideration of his case for appointment on compassionate ground. 3. A counter affidavit has been filed on behalf of the Superintendent of Police, Darbhanga (respondent No. 5) In the said counter affidavit it is stated that the petitioner has been paid Rs. 50,000.00 by the Circle Officer of Hayaghat as Group Insurance after the death of the petitioners father. In pare 9 of the said counter affidavit it is stated that the petitioner had been paid Rs. 3000.00 as ex gratia by the Circle Officer of Hayaghat after the death of the petitioners father. As regard, the grievance of the petitioner for appointment on compassionate ground it is stated that in view of the letter No. 12179 dated 6.11.1991 the District Collector is the appointing authority of the Chaukidar. 4. A reply to the counter affidavit has been filed. In para which it is states case the petitioner has riot been paid Rs. 50,000.00 as Group Insurance by the Circle Officer, Hayaghat. However, it is allotted by the petitioner that a sum of Rs. 42,000.00 was paid to him through Sri Navin Singh, Officer-in-charge more at Basuera on 15.11.95 without taking receipt of cash money from him, about which he has informed the Circle Officer, Hayaghat as well as his head clerk, but they have that paid any head in regard to the complaint made by the petitioner. In para 7 of the said reply affidavit, it is further, admitted that the petitioner was paid ex gratia of Rs. 3000.00 and 42,000.00 as Group Insurance. 5. No rejoinder to the said reply affidavit has been filed of the respondents bringing an record the evidence in support of the payment, which is claimed by the respondent No. 5 to have been made to the petitioner.
3000.00 and 42,000.00 as Group Insurance. 5. No rejoinder to the said reply affidavit has been filed of the respondents bringing an record the evidence in support of the payment, which is claimed by the respondent No. 5 to have been made to the petitioner. However, having heard the learned Counsel for the parties and considering the aforementioned, exits and circumstances, the writ petition is disposed with the direction to the Superintendent of Police, Darbhanga (respondent No. 5) to examine the entire claim to the petitioner for payment of the remaining dues of his deceased, father within one month of receipt/production of a copy of this order, which shall be produced by the petitioner along with the details of his claim. It is made clear that the claim of the petitioner must be cleared by respondent No. 5 by a reasoned order within the aforesaid period and the payment of the remaining dues along with statutory interest shall also be made by the Superintendent of Police, Darbhanga within the aforesaid time, failing which this Court will take a serious view of the matter and also consider to initiate a contempt proceeding against him. 6. In regard to the grievance of the petitioner for appointment on compassionate ground, the Collector, Darbhanga (respondent No. 3) is directed to consider the case of the petitioner in the high of the governmental rules and decisions relating to the same within two months of receipt/production of a copy of this order.