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2008 DIGILAW 107 (JHR)

Birsi v. State of Jharkhand

2008-02-01

N.N.TIWARI

body2008
Order In this writ petition the petitioner has prayed for a direction on the respondents to pay the death-cum-retiral benefits payable to her after the death of her husband. It has been stated that the petitioner's husband late Maniram was working as Chaukidar in the Public Health Department at Chakradharpur. He died in harness on 3.12.1987. After the death of her husband, the petitioner was entitled to get all the death-cum-retiral dues of her late husband, but in spite of repeated requests and representations nothing has been paid till date. 2. When the case was earlier taken up on 20.8.07, learned G.A. was granted time to seek instruction and file counter affidavit with observation that pendency of the writ petition shall not come in the way of the respondents in redressing the petitioner's grievance. Again when the case was taken up on 11.12.07, one week's more time was granted for filing counter affidavit. When the case is taken up today, it has been informed that no counter affidavit could be filed. Learned G.A. also informed that he has not even received any instruction from the concerned department. 3. I have heard learned counsel for the parties and considered the facts brought on record. It is admitted that the petitioner's husband died in harness on 3.12.87, but in spite of lapse of about two decades the petitioner's claim has not been considered and the death-cum-retiral dues, which the petitioner was entitled to get, has not been paid to her by the department in spite of repeated requests and representations. The petitioner has claimed that she is entitled to get the amounts of provident fund, gratuity, earned leave, group insurance, family pension and other admissible dues which are payable to her after the death of her husband. 4. Mr. R.P. Gupta, learned counsel appearing on behalf of the petitioner, submitted that the petitioner is a widow and she has been put to suffer harassment and financial hardships by the department as not a single farthing has been paid towards the death-cum-retiral dues of her late husband even after 20 years of death of her husband. The department is not responding in spite of knowledge of filing this writ petition. No instruction even has been sent to learned GA by the department which is awaited since August 2008. 5. The department is not responding in spite of knowledge of filing this writ petition. No instruction even has been sent to learned GA by the department which is awaited since August 2008. 5. Learned G.A. submitted that the Superintending Engineer, Drinking Water and Sanitation Department, Jamshedpur, Singhbhum East (respondent No.4) and the Executive Engineer, Urban Supply Division, Chakradharpur, Singhbhum West (respondent No.3) are responsible for the said apathy and not responding to the petitioner's claim. They are competent to pass appropriate order regarding the claim of the petitioner. 6. Under the circumstances of this case and in view of the submissions made by learned counsel for the parties, this writ petition is disposed of directing the respondent Nos. 3 & 4 to consider the petitioner's claim, which is pending for about 20 years, and pass appropriate order in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order. If the petitioner's one or the other claim(s) is/are found genuine, monetary benefits thereof must be paid to her with statutory interest within a period of four weeks thereafter. If the amount(s), found payable to the petitioner, is/are not paid within the said period, the petitioner shall be entitled to get interest @ 10 % per annum till final payment in addition to the statutory interest payable on delayed payment of such dues. The respondents shall also pay Rs.20,000/ - as cost, to the petitioner within the said period.