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2011 DIGILAW 536 (JHR)

Bitia Hembram v. State of Jharkhand

2011-06-21

N.N.TIWARI

body2011
JUDGMENT Narendra Nath Tiwari, J. 1. The Petitioner is permitted to add the Accountant General, Jharkhand, Ranchi as Respondent. 2. In this writ petition, the Petitioner has prayed for a direction on the Respondents to release family pension, amounts of gratuity, provident fund and death cumretiral benefits, payable to her, after death of her husband. The Petitioner has also prayed for a direction on the Respondents to appoint her on compassionate ground. 3. It has been stated that the Petitioner's husband, namely, Mangal Soren died in harness on 2nd June, 1994, while he was working as Assistant Teacher, Primary School, Hethbandha. After the death of her husband, the Petitioner, being the widow, is entitled to get all the service terminal benefits and death cumretiral benefits. She is also entitled to get compassionate appointment. The Petitioner applied for the same, but in spite of her repeated request and representations, the pensionary benefits have not been fully paid and she has not been given compassionate appointment till date. 4. A counter affidavit has been filed on behalf of the Respondents, stating, inter alia, that after the death of the Petitioner's husband, the Respondents made all efforts and took initiative for disposal of her legitimate claim. They collected all the papers and processed her claim for final payment. They have paid the amounts under different heads and sent papers for fixation of final pension vide Letter No. 635 dated 9th March, 2011. They had also sent letter to the District Provident Fund Officer, Pakur for payment of the amount of provident fund. There is, thus, No. deliberate delay on the part of the Respondents and the Accountant General has to finally issue the pension payment order (PPO). 5. Considering the said submissions, this writ petition is disposed of, giving liberty to the Petitioner to file representation, along with a copy of this order, before the concerned authority, if there is any deficiency in payment of the dues under different heads. On receipt of the representation, the concerned authority shall consider the same and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt of the representation. If the Petitioner is found entitled to one or the other benefits, the admitted amount thereof shall be paid to the Petitioner within a period of six weeks thereafter with statutory interest. If the Petitioner is found entitled to one or the other benefits, the admitted amount thereof shall be paid to the Petitioner within a period of six weeks thereafter with statutory interest. If the amount(s) found payable to the Petitioner is/are not paid within the said period, the Petitioner shall be entitled to get additional compensatory interest @ 10; per annum till final payment. 6. The Accountant General, Jharkhand shall issue the pension payment order (PPO) after observing the legal formalities within a period of four weeks from the date of receipt of the required papers, if the same are not already received and the PPO is not issued. 7. The State Respondents shall also take decision regarding the claim of the Petitioner for compassionate appointment within a period of four weeks from the date of receipt/production of a copy of this order.