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Jharkhand High Court · body

2009 DIGILAW 919 (JHR)

Dharu Munda v. Jharkhand State Electricity Board

2009-07-02

D.G.R.PATNAIK

body2009
JUDGMENT Heard Shri Abhay Kumar Mishra, learned counsel for the petitioner and Shri Siddhartha Ranjan, learned counsel for the respondent Board. 2. The petitioner in this writ application, has prayed for a direction upon the respondents to pay him the amount of retiral benefits together with penal interest, which was payable in the account of his deceased uncle Jeevan Munda. 3. The contention of the petitioner is that late Jeevan Munda was employed under the respondent Board and after his death, the petitioner happens to be the sole surviving legal heir and successor of the deceased employee. For confirmation of this fact, the petitioner had also obtained a certificate from the Circle Officer which he had filed along with his claim for payment of the amount of retiral benefits. But the respondents have not accepted his claim, on the ground that the petitioner is yet to satisfy his claim for the amount. 4. Counsel for the respondent Board, while inviting attention to the several paragraphs of the counter-affidavit, makes two fold arguments. Firstly, that the deceased employee having retired in 1988, died in 1989 and thereafter, no one came forward to claim the retiral benefits of the deceased employee. The petitioner had filed his claim some time in the year 1993 and in response, he was called upon to submit the necessary proof in confirmation of his claim that he is the sole surviving legal heir and successor of the deceased employee, but the petitioner has not filed any such legally acceptable proof and therefore, the amount could not possibly be released in his favour. 5. Learned counsel for the petitioner submits that he has not been able to obtain succession certificate on account of the fact that the exact payable amount by way of retiral dues, has not been made known to him by the respondents. 6. Counsel for the respondent submits that the information in this regard was in fact, never demanded by the petitioner. However, the respondent would have no hesitation to specify the amount which would be payable in the account of the deceased employee by way of his retiral benefits. 7. Considering the aforesaid facts and circumstances, the respondents shall intimate the total amount of retiral benefits payable in the account of the deceased employee, to the petitioner within 15 days from the date of this order. 7. Considering the aforesaid facts and circumstances, the respondents shall intimate the total amount of retiral benefits payable in the account of the deceased employee, to the petitioner within 15 days from the date of this order. Upon such information being supplied to him, the petitioner shall obtain the requisite proof by way of succession certificate from the competent court in respect of his claim of his being the sole surviving legal heir and successor of the deceased Jeevan Munda and upon such succession certificate being obtained and filed by the petitioner, the respondent authorities shall consider the same and take an appropriate decision on the petitioner’s claim, by passing a reasoned and speaking order and after communicating such decision to the petitioner, if the respondents are convinced of the petitioner’s claim, then, within one month from the date of the decision, shall pay him the amount. With these observations, this writ application is disposed of. Let a copy of this order be given to the learned counsel for the respondents.