IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.28 of 2011
Bitia Hembram. ......Petitioner.
Versus
The State of Jharkhand & Ors. .......Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Rajeh Kumar, Advocate.
For the State : J.C. to G.P.IV
04/21.06.2011
: The petitioner is permitted to add the Accountant General,
Jharkhand, Ranchi as respondent.
In this writ petition, the petitioner has prayed for a direction
on the respondents to release family pension, amounts of
gratuity, provident fund and deathcumretiral benefits, payable
to her, after death of her husband. The petitioner has also
prayed for a direction on the respondents to appoint her on
compassionate ground.
It has been stated that the petitioner’s husband, namely,
Mangal Soren died in harness on 2nd June, 1994, while he was
working as Assistant Teacher, Primary School, Hethbandha. After
the death of her husband, the petitioner, being the widow, is
entitled to get all the service terminal benefits and deathcum
retiral benefits. She is also entitled to get compassionate
appointment. The petitioner applied for the same, but in spite of
her repeated request and representations, the pensionary
benefits have not been fully paid and she has not been given
compassionate appointment till date.
A counter affidavit has been filed on behalf of the
respondents, stating, inter alia, that after the death of the
petitioner’s husband, the respondents made all efforts and took
initiative for disposal of her legitimate claim. They collected all
the papers and processed her claim for final payment. They
have paid the amounts under different heads and sent papers
for fixation of final pension vide Letter no.635 dated 9th March,
2011. They had also sent letter to the District Provident Fund
Officer, Pakur for payment of the amount of provident fund.
There is, thus, no deliberate delay on the part of the respondents
and the Accountant General has to finally issue the pension
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payment order (PPO).
Considering the said submissions, this writ petition is
disposed of, giving liberty to the petitioner to file representation,
along with a copy of this order, before the concerned authority,
if there is any deficiency in payment of the dues under different
heads. On receipt of the representation, the concerned
authority shall consider the same and pass appropriate order, in
accordance with law, within a period of six weeks from the date
of receipt of the representation. If the petitioner is found entitled
to one or the other benefits, the admitted amount thereof shall
be paid to the petitioner within a period of six weeks thereafter
with statutory interest. If the amount(s) found payable to the
petitioner is/are not paid within the said period, the petitioner
shall be entitled to get additional compensatory interest @ 10%
per annum till final payment.
The Accountant General, Jharkhand shall issue the pension
payment order (PPO) after observing the legal formalities within
a period of four weeks from the date of receipt of the required
papers, if the same are not already received and the PPO is not
issued.
The State respondents shall also take decision regarding
the claim of the petitioner for compassionate appointment
within a period of four weeks from the date of
receipt/production of a copy of this order.
(Narendra Nath Tiwari, J.)
Sanjay/