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2013 DIGILAW 1315 (JHR)

Anita Devi v. Jharkhand State Agriculture Marketing Board

2013-12-03

AMITAV K.GUPTA, R.BANUMATHI

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ORDER : 1. In the instant appeal prayer has been made for payment of retiral dues and arrears due to the appellant, who is the second wife of Late Dadan Singh and also to give appointment to the appellant's son Rabi Kumar Singh on compassionate ground. 2. The appellant's husband died in harness on 03.06.2003 leaving behind the appellant and her sons. According to the appellant, after the death of her husband, she was entitled to all service benefits and death-cum-retiral dues and her son Rabi Kumar Singh is also entitled for appointment on compassionate ground. 3. Before the learned Single Judge, the first respondent–Jharkhand State Agriculture Marketing Board has filed the counter affidavit stating that the deceased Dadan Singh had two wives and the first wife is Phuljharo Kuer and appellant is the second wife of Late Dadan Singh who died in harness on 03.06.2003. In paragraph 7 (b) of the counter affidavit filed in the writ petition by the first respondent, the retiral benefits and other amounts payable to the family of the deceased Dadan Singh is stated which is as under :- “(b) It is stated that Bihar State Agricultural marketing Board vide letter no. 965 dated 01.09.2011 sent Bank Draft No. 605026 dated 24.03.2011 for payment to heirs of Late Dadan Singh. Out of which Rs. 96,000/- was on account of Group Insurance and Rs. 1,84,838/- was Gratuity (Total Rs.2,80,834/-). Out of said amount of Rs.2,80,834/- half of amount has already been paid to said Mostt. Phuljharo Kuer by the Respondent No.3.” 4. According to the first respondent, half of the amount has already been paid to the first wife Phuljharo Kuer and the remaining of the retiral benefit and other amount which is payable to the second wife is still with the Board. 5. Learned counsel for the appellant submitted that in spite of her representation and the order passed by this Hon'ble Court on 20.08.2013, remaining half of the amount has not been paid to the appellant. Learned counsel for the appellant has drawn our attention to the order passed on 20.08.2013 and submitted that in spite of the direction issued by this Hon'ble Court to consider the case of the appellant for appointing her son Ravi Kumar Singh on compassionate ground, the same was not considered by the first respondent. 6. Learned counsel for the appellant has drawn our attention to the order passed on 20.08.2013 and submitted that in spite of the direction issued by this Hon'ble Court to consider the case of the appellant for appointing her son Ravi Kumar Singh on compassionate ground, the same was not considered by the first respondent. 6. Having regard to the averments stated in para 7(b) of the counter affidavit filed by the first respondent in the writ petition, half of the amount of the retiral benefits and other amounts due and payable to the family of Dadan Singh is to be paid to the appellant. It is pertinent to note that the first wife Phuljharo Kuer has also filed an affidavit expressing her consent for paying half of the amount of the retiral benefits and other amounts to the appellant. When the first wife has expressed her consent for paying the half of the amount to the appellant, there is no impediment for the first respondent to pay half of the amount to the appellant. 7. The first respondent is directed to pay half of the retiral benefits and also the other amount payable to the appellant within a period of four weeks from the date of receipt of copy of this order. 8. It is submitted that the appellant's son Ravi Kumar Singh has already filed an application for appointing him on compassionate ground on 11.09.2013 and the same is pending before the Board. 9. The first respondent is directed to consider the application of Ravi Kumar Singh (son of the appellant) seeking appointment on compassionate ground in accordance with law within a period of two months. 10. The order of the learned Single Judge is set aside and the L.P.A. is allowed.