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2003 DIGILAW 561 (PAT)

Kamalini Soren v. State Of Bihar

2003-05-09

RADHA MOHAN PRASAD

body2003
Judgment 1. It is one of the most unfortunate case where the widow of the petitioner has been kept deprived of payment of death cum retiral dues of her deceased husband, late Samson Hembram, who died in harness while posted as Chief Supervisor at I.T.I. Digha Ghat, Patna on 12.2.1995. 2. Earlier when despite notice long back on 24.2.2003 there was no response from the respondents, this Court vide order dated 6.5.2003 adjourned the matter on payment of cost of Rs. 250/- by the Director, Department of Labour, Employment and Training (respondent no. 2) from his pocket to the learned counsel for the petitioner. Respondent no. 2 was directed to produce necessary sanction order/payment with re- spect to entire death cum retiral dues, failing which he was directed to appear before this Court in person. Pursuant to the said order cost has been paid to the learned counsel for the petitioner but the Director has not bothered to appear before this Court although neither sanction for final pension, gratuity has been produced nor sanction/authority/payment of the amount of leave encashment and G.P.F. has been produced. This shows that respondent no. 2 has no respect of the order of this Court. 3. Learned counsel for the State has produced sanction orders with respect to provisional pension, provisional gratuity and the amount of group insurance issued by the Principal, Industrial Training Institute, Digha Ghat (respondent no. 3). Learned counsel for the State submitted that the payment pursuant to the said sanction order shall be made positively by Monday (12.5.2003) and the necessary sanction with respect to remaining aforementioned dues shall also be issued positively by Monday (12.5.2003). 4. The writ application is thus disposed of with the direction that the payment of the dues pursuant to the sanction order produced today, which have been handed over to the learned counsel for the petitioner, must be made by Monday next (12.5.2003) and the sanction orders with respect to remaining aforementioned other dues must also be handed over to the learned counsel for the petitioner positively by Monday next (12.5.2003) with a copy of the same to the learned counsel for the Accountant General. The Accountant General shall see that the authority pursuant to the sanction orders for pension, gratuity and leave encashment are issued within three days of the receipt of the sanction orders. 5. The Accountant General shall see that the authority pursuant to the sanction orders for pension, gratuity and leave encashment are issued within three days of the receipt of the sanction orders. 5. Learned counsel for the petitioner has submitted that in view of inordinate delay the petitioner is at least entitled for interest on pension/gratuity in terms of the Government Circular No. 3155 dated 7.11.1981 and as such, the petitioner may be given liberty to move the authority concerned. The petitioner is, thus, given liberty to move the authority concerned for payment of interest in terms of the said Government circular which shall be considered and disposed of by a reasoned order and any amount found payable must be paid within four weeks of the receipt of the representation. 6. In case of non-compliance of any part of this order the concerned authority shall be liable to pay a cost of Rs. 1,000/- from his pocket to the petitioner and the petitioner will be at liberty to file two pages affidavit for revival and for taking appropriate action.