In the High Court of Jharkhand at Ranchi
W.P.(S) No.3158 of 2010
Zemma Minz .....................................Petitioner
VERSUS
State of Jharkhand and others....Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : Mr.Rajeev Kumar
for the State : G.P.I
For the A.G :Mr. S.Srivastava
8/ 28.7.11
. Heard learned counsel appearing for the petitioner and learned
counsel appearing for the State.
Learned counsel appearing for the petitioner submits that the
petitioner’s husband late Philip Minz died in harness while he was holding the post
of Deputy Collector, Simdega on 8.6.2008. Thereafter the petitioner being widow of
the deceased employee put forth the claim of death-cum-retiral benefit which was to
be paid to the deceased employee but the same has still not been paid, though the
petitioner on account of being nominee is entitled to have amount of provident fund
and, therefore, there was no option left with the petitioner but to move to this Court.
However, learned counsel appearing for the State submits that
after the death of the deceased employee, one lady, namely, Getrud Kujur has come
forward to claim herself to be the wife of the deceased employee and, therefore,
payment could neither be made to this petitioner nor Getrud Kujur.
From the submission advanced on behalf of the parties, it does
appear that it is still to be determined as to who is the rightful person to have claim
towards death-cum-retiral dues.
Accordingly, this writ application is disposed of with a direction to
the petitioner to file a fresh representation before the Secretary, Department of
Revenue, Government of Jharkhand, respondent no.2 raising all the grievances
which have been raised in this application including the plea that this petitioner had
been made nominee by the deceased employee for having payment of the G.P.F
within a period of three weeks from today. On receiving such representation, the
claim be decided after hearing the other claimant within a period of eight weeks
thereafter.
( R. R. Prasad, J.)
ND/