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Jharkhand High Court · body

2008 DIGILAW 423 (JHR)

Chandrawati Devi v. State of Jharkhand

2008-04-04

N.N.TIWARI

body2008
Order In this writ petition, the petitioner has prayed for a direction on the respondents to revise and fix the petitioner's family pension, gratuity and other consequential benefits on account of granting benefits to the petitioner's husband under A.C.P. Scheme. 2. It has been stated that the petitioner's husband, who was Laboratory Technician under RIMS, died-in-harness on 27.9.2001. The petitioner thereafter was entitled to get the death-cum-retrial benefits and family pension. When the said benefits were not paid, the petitioner approached this Court by filing W.P.(S) No. 5152 of 2003, which was disposed of with direction on the respondents to pay the retrial benefits within three months, but the same was not complied with. Against non-compliance of the order of this Court, the petitioner again approached this Court by filing the Cont. Case (Civil) No. 265 of 2004. During the pungency of the contempt petition, the said benefits were paid to the petitioner, but the benefits of A.C.P., which the petitioner's husband was entitled to receive, were not paid. The petitioner thereafter filed this writ petition for a direction on the respondents to grant the benefit of A.C.P. During the pungency of this writ petition, the respondents have granted the benefits of A.C.P., payable to the petitioner's husband., In view of the above, now the petitioner is entitled to get the revised family pension, gratuity and other consequential admissible benefits on account of granting benefits under A.C.P. 3. The State-respondents represented through learned J.C. to A.G. came with the positive attitude. It has been submitted that AC.P. benefits have already been granted and the required documents have also been forwarded for giving the consequential benefits after granting A.C.P. benefits to the petitioner's husband. 4. Learned counsel appearing on behalf of RIMS also informed that on their part, everything has been done and the matter is now pending before the Accountant General for revising and fixing the family pension, gratuity and other consequential admissible benefits. 5. On behalf of Accountant General, it has already been made clear in the counter affidavit that on receipt of the required papers granting the A.C.P. benefits, the family pension, gratuity and other consequential admissible benefits, payable to the petitioner, shall be revised and payment order shall be issued accordingly. 6. 5. On behalf of Accountant General, it has already been made clear in the counter affidavit that on receipt of the required papers granting the A.C.P. benefits, the family pension, gratuity and other consequential admissible benefits, payable to the petitioner, shall be revised and payment order shall be issued accordingly. 6. In view of the said submissions and in the facts and circumstances, this writ petition is disposed of directing the Accountant General, Jharkhand, Ranchi, respondent no. 7 to issue appropriate order in view of the order granting the benefits of A.C.P. to the petitioner's husband after revising and fixing the petitioner's family pension, gratuity and other consequential admissible benefits, within a period of six weeks from the date of receipt! production of a copy of this order. 7. The concerned respondents on receipt of the payment order/authority, shall pay the arrears admissible to the petitioner with statutory interest, within a period of four weeks thereafter. 8. If the amount(s), found payable to the petitioner, is/are not paid within the said period, petitioner shall be entitled to get interest @ 10% per annum in addition to the statutory interest, payable on delayed payment of such dues.