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2017 DIGILAW 180 (JHR)

Mahasunder Devi Wd/o Late Ram Prakash Choudhary v. State of Jharkhand

2017-01-25

S.N.PATHAK

body2017
JUDGMENT : S.N. PATHAK, J. 1. After some argument, learned counsel for the petitioner prays for and allowed to add State of Bihar in this writ petition as respondent no. 7. 2. Heard the parties. 3. In this writ petition prayer has been made for payment of due salary of her late husband for the period June, 1994 to February, 1995. 4. From factual exposition as delineated in this writ petition, it transpires that the petitioner's husband-Ram Prakash Choudhary was appointed initially as Clerk on 27.12.1960 and retired as Head Clerk on 31.07.1998 from the office of District Agriculture Office, Gumla after serving the department continuously 37 years and no departmental proceeding was initiated against him. Further it has been stated that during 37 years of service, petitioner's husband was posted to various places of the Jharkhand and lastly he retired from the district Gumla on 31.07.1998. After retirement, as retiral benefit of the petitioner's husband was not paid, he filed several representations and lastly he preferred writ petition before this Court bearing W.P. (S) No. 2459 of 2006 but unfortunately during pendency of the writ petition, the husband of the petitioner died. Hence, this writ petition. 5. Mr. Pradeep Kumar, learned counsel appearing for the petitioner submits that the petitioner has received entire retiral benefit but arrears of salary of salary of the aforesaid period June, 1994 to February, 1995 has not been paid. Learned counsel further argues that the respondents have not taken any step in paying the arrears of salary. 6. A counter affidavit has been filed by the respondent. Ms. Richa Sanchita makes her appearance on behalf of respondent-State of Jharkhand and submits that entire retiral benefit has already been paid to the petitioner and the petitioner has not made any representation earlier and approached this Court in the year 2009 after about 11 years of retirement of her husband. Learned counsel for the respondent draws the attention of this Court towards Para 6 of the counter affidavit where it has been stated that as the late husband of the petitioner was earlier absent from duty without giving any information to the department, no salary was paid w.e.f. February, 1995 to March, 1998 when he was posted as Laboratory Assistance at Soil Test Laboratory, Gumla. 7. Mr. 7. Mr. S. Shrivastava, learned counsel appearing for the Accountant General submits that the petitioner is getting family pension and all the due retiral benefit has already been paid to her. 8. Be that as it may, on going through the rival submissions of the parties, I find that admittedly it is belated claim regarding payment of arrears of salary but as the widow has approached this Court, this Court direct the respondent-authorities duly added as respondent no. 7-State of Bihar to take immediate step regarding payment of salary of the aforesaid period and if the petitioner makes representation, necessary orders will be passed in accordance with law and if the petitioner is found entitled for the aforesaid payment, necessary orders regarding payment will be passed by the State of Jharkhand. 9. Needless to say that if the petitioner is found entitled for the aforesaid salary, the aforesaid payments will be made within a period of four months from the date of receipt of copy of this order. 10. With the aforesaid observation, this writ petition is disposed of. 11. Learned counsel for the petitioner is directed to hand over a copy of this order alongwith the copy of representation and writ petition to the learned counsel for respondent no. 7-State of Bihar.