JUDGMENT : Shree Chandrashekhar, J. The appellant who claims himself son of late Fekan Ram approached the writ Court with a prayer for payment of post-retiral dues accrued on death of his father. 2. The writ Court has dismissed WP(S) No. 6478 of 2013 by an order dated 28th January 2019 on the ground that no reason was assigned for raising a claim for payment of post-retiral dues more than 30 years after death of the father of the petitioner. 3. The writ Court has also observed that the claim raised by the petitioner was a stale claim which could not have been adjudicated in a writ proceeding. 4. The writ Court has passed the following order: “Heard learned counsel for the parties. The present writ petition has filed for payment of retiral dues along with interest by the petitioner claiming himself to be the son of Late Fekan Ram, who died in harness on 19.01.1983 while working on the post of 4th Grade at Employees Insurance Hospital, Kumardhubi, Dhanbad. The present writ petition has been filed in the year 2013 for payment of retiral dues, but no reason has been assigned for such a huge delay in filing the present writ petition by the petitioner. Counter affidavit has been filed by the State of Jharkhand wherein it has been stated that no record is available as the matter is more than 30 years old. Some documents have been annexed in the counter affidavit issued by the State of Bihar, which also suggests that State of Bihar has no document regarding the petitioner. Thus, it is a stale claim, which cannot be decided in the present writ petition. In view of the above fact, the present writ petition is, hereby, dismissed.” 5. No doubt any claim for monetary benefit should be raised within a reasonable time and notwithstanding that the laws of limitation do not apply to a writ proceeding the Courts have consistently discouraged litigations which are barred by delay and laches on the part of the applicant. Therefore, a claim for post-retiral benefits accrued on the death of the government employee by the wife and legal heirs of the deceased employee must be raised within a reasonable time.
Therefore, a claim for post-retiral benefits accrued on the death of the government employee by the wife and legal heirs of the deceased employee must be raised within a reasonable time. The petitioner who was just about 2 years old when he suffered loss of his father obviously could not have raised a claim, but then, there is no explanation offered by him why on attaining the age of majority he did not approach the Court. 6. The State of Jharkhand has stated in the counter-affidavit that from the records available in the Employees' State Insurance Dispensary at Kumardhubhi and Employees' State Insurance Dispensary, Chanch-Pottry, it has been gathered that father of the petitioner worked for 4 months at Kumardhubhi Dispensary as Sweeper-cum-Night Guard and more than 3 years at Chanch-Pottry Dispensary as Peon. It has further been stated that on the basis of the available records the letter dated 20th July 2022 has been written to the Accountant General (A&E), Bihar and District Provident Fund Officer, Dhanbad to provide details of GPF Account, if any, relating to late Fekan Ram. 7. Having regard to the aforesaid facts and circumstances in the case, we are of the opinion that late Fekan Ram not being a regular employee under the State of Bihar/Jharkhand was not entitled for the post-retiral benefits except the Provident Fund contributions and Group Insurance, if any, for which necessary efforts have been taken by the State of Jharkhand. The appellant has, in fact, not taken any step in the matter and is thriving on the counter-affidavit filed on behalf of the State of Bihar/Jharkhand. 8. In such circumstance, we do not find any reason to interfere with the writ Court's order dated 28th January 2019 and, accordingly, LPA No. 678 of 2019 is dismissed.