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1999 DIGILAW 293 (PAT)

Smt. Pratima Devi v. State of Bihar

1999-04-12

NARAYAN ROY

body1999
Order Heard learned counsel for the petitioner and also J.C. to Govt. Advocate. Despite order dated 7.1.1999 no counter affidavit has been filed on behalf of respondent no. 4. 2. By this application the petitioner has prayed for a direction commanding upon respondents to grant retirement benefits by way of gratuity family pension and provident fund amount which had accrued to the husband of the petitioner and also arrears of pension due to her husband since 8.11.1974. Learned counsel for the petitioner submitted that the husband of the petitioner died in harness on 8.11.1974 and the petitioner widow is moving from pillar to post for redressal of her grievances but nothing has been paid to her towards her claim on account of death of her husband in harness learned counsel for the petitioner has drawn my attention to Annexure-B. Annexure-B is said to be the direction of the Chairman of the District Education Establishment Committee directing the District Superintendent of Education, respondent no.4, to pay at least ad-hoc payment towards gratuity and family pension in accordance with law. The order as contained in Annexure-8 is dated 23.6.1997. It must be presumed that the direction of the Chairman of the Establishment Committee must have reached the respondent no.4, who is the Secretary of the Committee and even after passing of the order of the Chairman of the Committee, no heed has been paid to the grievances of the petitioner. 3. Taking into consideration of the facts and circumstances of the case and also seeing that the husband of the petitioner died some times in the year 1974 in harness, the respondent no.4 is directed to finalise the pensionary benefits, as referred to above, within a period of three months from today. It is further directed that admissible retiral dues shall be paid to the petitioner with interest at the rate of eighteen per cent per annum payable from the pocket of respondent no. 4. 4. With this direction and observation this application is disposed of. 5. J.C. to learned Government Advocate undertakes to communicate this order to respondent no.4. Let a copy of this order be served upon J.C. to Government Advocate.