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Jharkhand High Court · body

2009 DIGILAW 584 (JHR)

Rupa Shree Agrawal v. State of Jharkhand

2009-04-20

D.G.R.PATNAIK

body2009
JUDGMENT : Since the pleadings in this case are complete, with consent of the learned counsel for the parties, this application is taken up for disposal at the stage of admission itself. Heard the learned counsel for the parties. Petitioner in this application has prayed for direction to the respondents to pay to the petitioner the entire death cum retiral benefits payable in the account of the petitioner’s husband who died in harness on 7.12.1993. Ms Nehala Sharmin, learned counsel for the petitioner submits that during the pendency of this writ petition, certain payments have been made to the petitioner on account of gratuity and leave encashment, though after deducting some amounts on the ground that some advance had been obtained by the deceased husband of the petitioner during his life time for executing certain official work. Learned counsel adds that the other payments which are payable, including the second time bound promotion and arrears of salary in the revised pay scale from 198182, selection grade pursuant to annexure 2 to the writ petition and corresponding scale of pay, has not been given as yet. Learned counsel adds that the respondents cannot deduct any amount from the gratuity or leave encashment of the petitioner’s husband after his death without following the procedures prescribed by law. Learned counsel for the State, on the other hand, informs that for second time bound promotion, the matter has been referred to the Department for approval and likewise for payment of arrears of salary for 1981-83, approval has also been sought for from the Chief Engineer, Road Construction Department, Govt of Bihar, and as soon as the approval is obtained, the payments would be released to the petitioner. Considering the facts and circumstances of the case that the claim of the petitioner has not been specifically rejected by the respondents, and the matter is pending consideration and approval of the concerned authorities, the respondent authority shall take a decision on the claim of the petitioner within four months from the date of this order and communicate the decision to the petitioner effectively. The respondent shall assess the monetary benefits payable in the account of the petitioner’s husband if petitioner’s claim is accepted for grant of second time bound promotion selection, grade also and also arrears of salary payable to the deceased husband of the petitioner and shall pay the same to the petitioner within one month from the date of the final decision on the claim of petitioner. If the petitioner is not paid the amounts after assessment within the stipulated period, the same shall carry interest @ 6% per annum from the date of entitlement till the final payment. The petitioner shall file a fresh representation raising her claim and also annexing documents in respect of her claim along with a copy of this order and, within four months from the receipt of the representation/application, the respondents shall dispose of the same. With the above observation and direction, this application is disposed of. Let a copy of this order be given to the counsel for the respondents.