IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 246 of 2008
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Jai Prakash Kujur (Oraon) ... ... Petitioner
-V e r s u s-
The State of Jharkhand & Others ... Respondents.
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
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For the Petitioner : - Mr. Rajesh Kumar Mishra, Advocate.
For the State : - J.C. to G.P. II.
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2/04.02.2009
Prayer in this writ application is for a direction to the Respondents
to pay all the retiral benefits payable in the accounts of the petitioner’s deceased-
father, who was employed as Teacher in the Rajkiya Vidayalaya, Shivnathpur and
had died in harness on 31.08.2007, leaving behind the petitioner, his two sons and
his ailing mother.
On the death of his father the petitioner had submitted his
application before the Respondents-authorities not only for payment of the retiral
benefits which was payable and due in the account of his deceased father, but also
for consideration of his appointment on compassionate grounds.
Learned counsel for the petitioner while inviting attention to a
copy of the representation (Annexure-4) sent to the Respondents-authorities on
10.12.2007, submits that inspite of the aforesaid letter and subsequent reminders
thereto, the Respondents-authorities have not paid any heed on the petitioner’s
request for his appointment nor have they made any payment towards the retiral
benefits of his father.
Learned counsel for the Respondents-State is present.
Considering the facts as stated in the writ application together with
the annexures thereto, it does appear that the petitioner’s father had died in
harness leaving behind the petitioner and the petitioner’s brother and the mother
of the deceased as the surviving heirs. The petitioner being one of the legal heirs
and successors of his deceased-father, he is entitled to claim payment of the retiral
benefits, which are payable in the account of the deceased-Government employee
and also for being considered for his appointment on compassionate grounds.
Considering the facts and circumstances, the petitioner is directed
to file a fresh representation before the concerned authorities of the Respondents
alongwith a copy of this order, annexing all relevant documents in support of his
claim for the payment of the retiral benefits and also his claim for his appointment
on compassionate grounds and within three months from the date of receipt of the
representation, the Respondents shall consider the same and take an appropriate
decision in accordance with law and procedure and record the same by way of a
reasoned and speaking order and communicate the same effectively to the
petitioner. On final assessment of the payments of retiral dues, which may be
legally and legitimately payable in the account of the deceased-employees, the
concerned Respondents-authorities shall ensure that such payment is released and
paid to the petitioner within a period of two months from the date of the decision
taken by the Respondents on the petitioner’s representation.
With the aforesaid observations, this writ application stands
disposed of.
Let a copy of this order be given to the learned counsel for the
Respondent-State.
(D.G.R. Patnaik, J.)
APK