IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3914 of 2009
Jashmati Devi ...... Petitioner
Versus
State of Jharkhand & ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioner: Mr. Sunil Kumar, Advocate
For the State: Mr. M. Tandon, SC-II
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Order No. 6: Dated 18th October, 2011
Per D.N.Patel, J.
1. Learned counsel for the petitioner submitted that in view of the counter
affidavit, though the grievances, ventilated in this writ petition, have been
brought to an end, nonetheless, liberty may be reserved with the
petitioner to prefer a representation for getting interest upon the delayed
payment of gratuity, if not paid so far, because in the counter affidavit, a
lump sum and general figure towards gratuity has been mentioned,
without giving bifurcation of the principal amount and the interest
thereupon.
2. Learned counsel for the petitioner submitted that all the legally payable
dues have already been paid to the petitioner, as stated in the counter
affidavit. Nonetheless, if a representation is received by the respondents,
the same will be decided, in accordance with law, rules, regulations,
policies and the enforceable government orders, applicable to the
petitioner.
3. In view of the aforesaid submissions and looking to the counter affidavit it
appears that death-cum-retiral benefits have been paid to the petitioner.
If any amount is not paid like interest upon the amount of gratuity etc. a
representation shall be filed by the petitioner and upon receipt of the
same, the authorized officer of the State will decide the same, in
accordance with law, rules, regulations, policies and the enforceable
government orders, applicable to the petitioner, after giving an adequate
opportunity of being heard to the petitioner or to her representative, as
expeditiously as possible and practicable.
5. This writ petition stands disposed of, in view of the aforesaid directions.
( D.N. Patel, J. )
A.K.Verma/