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Madhya Pradesh High Court · body

2002 DIGILAW 204 (MP)

lndira Sharma v. State of M. P.

2002-02-20

A.K.MISHRA

body2002
JUDGMENT Record perused. Petitioner's late husband, while he was on duty, prevented a bus being abducted by dacoits and saved life of bus passengers at the cost of sacrificing of his own. Instead of honoring him, the Department has even failed to pay the retrial dues and only part payment of retrial dues have been made so far petitioner's husband died on 27.10.1997. The deceased Raj Kumar Sharma suffered injury on the back-bone by bullet. He was given help of Rs. 10,000/- by the State of Madhya Pradesh. Learned counsel for respondent-Corporation submits that at present the financial position of the aforesaid Corporation is not good, as such, it is not in a position to make payment at once to all the retired employees Considering the similar situation in the Main Seat at Jabalpur, orders have been passed by this Court granting facility of instilments to the respondent-Corporation to make the payment of retrial/service dues. In case retrial dues or part of it have not been settled so far. Let the petitioner submit a representation with respect to his retrial dues and the outstanding amount of the provident fund within fifteen days. The respondents are directed to settle the retrial dues within a period of six weeks thereafter and pay the same in the following manner: (1) The respondent-Corporation shall deposit the outstanding amount towards provident fund within five months from today before the concerned Assistant Commissioner, Provident Fund for disbursement of the same to the petitioner. (2) Remaining retrial/service dues shall be disbursed in monthly instilments carrying equal value; (3) The first instilment to start from 1.5.2002: (4) The respondents shall furnish compliance report to this Court every month; (5) In case of non-compliance of the direction issued by this Court, the Managing Director, M.P. State Road Transport Corporation shall be made responsible in person for committing the contempt of Court order; (6) The retrial/service dues which are not carrying interest shall carry interest at the rate of 10% per annum. The interest to be paid with effect from the date of entitlement till' the date of actual payment It is a fit case where considering the facts and circumstances of the case to issue a direction to the effect that the respondent - Corporation should consider the case of the petitioner on the ground of compassionate appointment. The interest to be paid with effect from the date of entitlement till' the date of actual payment It is a fit case where considering the facts and circumstances of the case to issue a direction to the effect that the respondent - Corporation should consider the case of the petitioner on the ground of compassionate appointment. The sacrifice made by the late husband of the petitioner should not go in vain and some help has to be given to his family members. It is a case where the respondents should consider the case of the petitioner relaxing the bar in the present policy of granting appointments on compassionate grounds. The same should be relaxed and case of petitioner be treated as a special case in the peculiar facts and circumstances of the case, Let the application of the petitioner for compassionate appointment be considered and decided within a period of six months from today. The writ petition is disposed of with the aforesaid directions. Costs on parties.