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Jharkhand High Court · body

2008 DIGILAW 1189 (JHR)

Neeta Prashant v. State of Jharkhand

2008-10-18

R.R.PRASAD

body2008
JUDGMENT : Heard the parties. Learned counsel appearing for the petitioner submits that the petitioner’s mother, namely, Late Anusuiya Sahay, who was the teacher in Brahmcharya Sangh Vidyapith Middle School, Niwaranpur, Ranchi, died in harness on 25.4.2000 but till today no death-cum-retiral benefits, such as provident fund, gratuity, leave encashment payment towards group insurance and also the salary for the period from November, 1998 till the death of her mother were paid though the petitioner did approach before the Authorities including the respondent no. 4 -the Director, Primary, Secondary and Adult Education, Government of Jharkhand, Ranchi at several occasions. Learned counsel further submits that the counter affidavit has been filed on behalf of the Accountant General, wherein it has been stated that the office has not received the relevant documents for payment of pension/family pension, gratuity etc. but the other respondents including the respondent no. 4 -the Director, Primary, Secondary and Adult Education, Government of Jharkhand, Ranchi have not filed any counter affidavit, though under order dated 19.5.2006, opportunity was given to the respondents to file counter affidavit. Under these situations, it was submitted on behalf of the petitioner that the petitioner, being sole legal heir of the deceased-mother, is entitled to get death-cum-retiral benefits which her mother is entitled to. In view of the facts and circumstances, as stated above, this writ application is disposed of with a direction to the petitioner to file a fresh representation before the Director, Primary, Secondary and Adult Education, Government of Jharkhand, Ranchi (respondent no. 4) along with a copy of this order within four weeks from today and the respondent no. 4 will be taking decision in the said matter within three weeks from the date of filing of the representation. It is made clear that if within the time as stipulated, the decision is not taken, the petitioner would be entitled to get interest at the rate of 6% per annum over the amount which the petitioner would be legally entitle to. With this observation and direction, this application stands disposed of.