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2000 DIGILAW 836 (PAT)

Munika Tirkey v. State Of Bihar

2000-07-06

M.Y.EQBAL

body2000
Judgment M.Y.Eqbal, J. 1. The petitioner is directed to add Accountant General Bihar as party-respondent. 2. Heard the counsel for the parties. 3. This is one of the exceptional cases where the petitioner, a poor widow, has been subjected to harassment, mental torture, mental pain and agony. Her husband was a simple clerk in a school in the district of Gumla who died in harness on 19.5.79 leaving behind her, one minor son and one minor daughter. Petitioners case is that after the death of her husband, she approached the respondents time and again for payment of death-cum-retirement benefits but on one pretext or the other, she was not paid a single penny. After moving from pillar to post for about 19 years, she approached this Court by filing this Writ application. 4. This case was placed for admission on 20.4.2000 when this Court passed the following order: Put up this case on 2.5.2000 at the tope of the list. On that day respondent No. 2, the Dist. Education Officer,Gumla, shall appear in this Court in person at 10.30 a.m. with all the relevant papers of the case explaining under what circumstance the retiral dues have not been paid to the petitioner on account of death of her husband in the year, 1979. Let a copy of this order be served on the JC to SCI. 5. The matter was again listed on 2.5.2000 when this Court passed the following order: Pursuant to order dated 20.4.2000 the Dist. Education Officer, Gumla has appeared in Court and filed a supplementary counter-affidavit. From the counter-affidavit and the supplementary counter-affidavit it appears that it has been admitted that till date the widow has not been paid death cum-retiral benefits although her husband died in the year, 1979. Before I take up the matter, I directed the Dist. Education Officer, Gumla who is present in Court, to take all possible steps so that the admitted retiral dues must be paid to the petitioner within a month from today. Let this matter be listed after one month. It is also directed that till the admitted retiral dues are not paid to the petitioner, the present Dist. Education Officer shall not withdraw her salary from the next month. Put up this a case alter one month. 6. Let this matter be listed after one month. It is also directed that till the admitted retiral dues are not paid to the petitioner, the present Dist. Education Officer shall not withdraw her salary from the next month. Put up this a case alter one month. 6. It was only after this Court passed order on 2.5.2000, the retirement dues have been paid and an affidavit in support of the compliance of the order has been filed by the Dist. Education Officer, Gumla. In the said affidavit it is. inter alia, stated that 90% provisional gratuity and 90% of the family pension has been paid to the petitioner. A sum of Rs. 91044.00 towards gratuity has also been transferred to the S.B. account of the petitioner. It is further stated that the details of the arrears of the family pension was calculated and the same has been transferred in the account of the petitioner. So for finalisation of family pension is concerned, it is stated that papers are lying with the A.G. Bihar and as soon as sanction is granted, the deponent will issue L.P.C. to enable the petitioner to get family pension. All these amounts have been paid after filing of the Writ application in the years, 1999-2000. 7. From the aforesaid facts, it is evident that the petitioner was deprived of her legitimate claim of family pension which was not paid to her for about two decades. This Court shall presume that non-payment of retiral dues was due to latches and negligence of the respondents because of the fact that immediately when this Court passed order on 2.5.2000 all retiral dues have been paid to the petitioner. In such circumstance, I dispose of this Writ application by passing the following order: (i) The petitioner shall be entitled to interest at the rate of 12% p.a. on all the retiral dues which have been paid or likely to be paid to the petitioner which shall be calculated from the date of death of the husband of the petitioner. (ii) The office of the A.G. Bihar shall issue sanction order, if not already issued, within two weeks from today and on that basis the Dist. Education Officer, Gumla shall issue necessary L.P.C. within two weeks from the date of receipt of sanction order for payment of family pension to the petitioner. (ii) The office of the A.G. Bihar shall issue sanction order, if not already issued, within two weeks from today and on that basis the Dist. Education Officer, Gumla shall issue necessary L.P.C. within two weeks from the date of receipt of sanction order for payment of family pension to the petitioner. Because of harassment, torture, mental pain and agony which the petitioner has suffered for about 20 years, she will be entitled to cost of Rs. 25,000.00 (twenty-five thousand) which shall be paid by the respondents-State of Bihar. (iii) It will be open for the State Government to fix the responsibility on the officer for whose negligence the amount of death-cum-retirement benefits could not be paid to the petitioner and the same shall be recovered from the officer concerned. (iv) That part of the order dated 2.5.2000 by which the Dist. Education Officer was deprived of from withdrawing her salary is hereby recalled. 8. Let a copy of this order be handed over to the learned SCI for immediate communication.