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2006 DIGILAW 794 (JHR)

Sushila Devi v. Union of India (UOI)

2006-07-04

SUDHANSU JYOTI MUKHOPADHAYA

body2006
JUDGMENT S.J. Mukhopadhaya, A.C.J. 1. This writ petition has been preferred by the petitioner, widow of late Dinesh Ram for a direction on the respondents to consider her case for appointment on compassionate-ground and to pay her the death-cum-retiral benefits, such as, family pension and other dues. 2. The respondents have taken plea that the mother of late Dinesh Ram (mother-in-law of petitioner) and younger brother of the deceased (brother-in-law of petitioner) having earlier been made nominees in the record at the time of appointment of the deceased, the authorities were facing difficulties to release the amount. In such a situation, petitioner was allowed to implead her mother-in-law and brother-in-law, as were shown nominee, as 5th and 6th respondents to the writ petition. Notices were issued to them but in spite of service of notice, they have not turned up to contest the case. It is stated that the family pension has been released in favour of petitioner. 3. So far as other death-cum-retiral benefit of the deceased employee is concerned, it is stated that younger brother of the deceased i.e. brother-in-law of petitioner (6th respondent herein) has preferred a Title Suit No. 2 of 2006 before the Sub-Judge-I, Ranchi for payment of death-cum-retiral benefits but no decision has been taken. However, there being nothing on the record to suggest that the authorities will await the decision, if a suit is filed, they cannot withhold the payment of death-cum-retiral benefits to the legal heirs of the deceased. 4. So far as compassionate appointment is concerned, the plea taken by the respondents is that the same will be done by the Chief General Manager of Jharkhand Circle, B.S.N.L., Ranchi. 5. In the facts and circumstances, the respondents are directed to calculate the pay the admitted death-cum-retiral benefits to the widow and heirs of the deceased. If a person has been made nominee, the nominee is supposed to collect the amount in favour of heirs, who are legally entitled. The family pension and benefits be paid in favour of the widow, within a period of three months from the date of receipt/ production of a copy of this order. 6. So far as compassionate appointment is concerned, the Chief General Manager, Jharkhand Circle, B.S.N.L., Ranchi is directed to consider the case of the widow for her appointment on compassionate ground and communicate the decision within a period of three months thereof. 6. So far as compassionate appointment is concerned, the Chief General Manager, Jharkhand Circle, B.S.N.L., Ranchi is directed to consider the case of the widow for her appointment on compassionate ground and communicate the decision within a period of three months thereof. This writ petition stands disposed of with the aforesaid observations and directions. Petition disposed of.