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2018 DIGILAW 2792 (JHR)

Damayanti Devi v. State Of Jharkhand

2018-12-18

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the petitioner and the State. 2. Petitioner claiming herself as the only surviving daughter out of two daughters of the late employee Chunmuna Devi who has died in harness on 24.09.2016 while posted as Peon at High School, Chandankiyari, sought payment of death cum retirement benefits and other services dues with statutory interest in lieu of her mother. 3. According to the petitioner, the Circle Officer, Chandankiyari has issued the family members certificate at Annexure-2 dated 28.11.2016 as per which petitioner is the surviving daughter and there are 5 grandchildren of the deceased. The grandchildren namely Chandan Kr. Dubey and Priti Kumari are the offspring of her sibling sister Late Lilavati Devi who had predeceased her mother as per the statement made in the representation at Annnexure-4 addressed to the Respondent no.3. Petitioner has not got the death cum retirement benefit such as Gratuity, General Provident Fund, Leave Encashment, Group Insurance, arrears of pay revision and other service dues like ACP etc. She has contended that her mother had opened a joint account at the State Bank of India, Chandankiyari Branch, Bokaro with a term deposit of Rs.95,000/- bearing account no. 30832923666(Annexure-3). Therefore, she has approached this Court with the aforesaid grievance. 4. Learned counsel for the Respondent State submits that instructions have not been received in the matter as it has been taken up for the first time. However, if so directed, claim of the petitioner may be considered by the competent authority/ respondent no.3 after scrutiny of the service record of the deceased employee in accordance with law. 5. Considered the submission of learned counsel for the parties in the light of relevant facts on record taken note above. Since this is a claim for death cum retirement benefit, at this stage, instead of determining the same on merits, petitioner is allowed liberty to approach the competent authority Respondent no.3, the District Education Officer, Bokaro with a fresh representation duly supported with necessary facts and documents and also proof of locus and identity to pursue the claim in lieu of the deceased employee. On receipt of such representation, the competent authority/ respondent no.3 would examine the same in accordance with law and take a decision thereupon after scrutiny of the relevant service record of the deceased employee, the locus and identity of the petitioner and any other lawful heir within a reasonable period, preferably 12 weeks from the date of receipt of the copy of this order. Admissible dues if any, be released thereafter to the lawful heir in accordance with law without any unreasonable delay. 6. The writ petition is disposed of accordingly.