ORDER
Fakhruddin, J.
1. Heard.
2. It is submitted that on 12-3-2002 a cheque of Bank of Maharashtra has been issued for an amount of Rs. 1,03,609/-. The petitioners have to open an account in the Bank; however there shall be no difficulty in opening the account, the Bank will co-operate. Counsel for the petitioner submits that
amount is still outstanding and full amount has not been paid. The affidavit has not been filed. Copy of the receipt is shown to the Court. It be filed with list of documents and copy be supplied to the Counsel for the petitioner and State.
3. The position, which emerges, is that Radha Bai who was working as Sweeper in the Municipal Corporation, Durg died on 20-10-2000, leaving behind her daughter Jyoti Bai and son Lakshman. Lakshman, however died leaving behind widow Rajni Bai. The petitioners were directed to apply for succession certificate. The succession certificate was granted on 3-10-2001 and thereafter request was made to release the dues of Radha Bai. Learned Counsel for the petitioners submits that the Corporation should not have had any difficulty in making payment of dues of the deceased to the petitioners after issuance of succession certificate in their favour, but the Corporation filed an appeal before this Court which was dismissed as not maintainable on 16-1-2002 then it was preferred before the District Judge who also dismissed the appeal. In spite of dismissal of the appeal the amount was not paid.
4. It is born out from record that the Corporation had not paid the amount in which it has no claim and preferred appeal. The Officiating Commissioner who is present in person is required to explain and the Corporation owes duty to submit list of persons who have died during employment and their dues have not been paid. Such list be submitted to this Court with details. It is difficult to appreciate such conduct on the part of the Municipal Corporation towards its employee. The Corporation would also examine that whether any of the person is entitled for compassionate appointment and whether it has been given or not as learned Counsel appearing for the petitioner submitted repeatedly that the compassionate appointment ought to have been given.
5. The State of Chhattisgarh be joined as party through the Secretary, Urban Administration and Development. The Slate if so desire may examine and hold an enquiry and issue such necessary directions to the Corporations keeping in view the fact that non-payment of dues on death of an employee causes serious problems to the heirs and dependents specially widows and minors. As a result of delay interest also accrues causing loss to the public exchequer. Shri Shrivastava submits that the difficulty arose, as regular Commissioner was not posted. The matter has to be examined by the State. Let the State Govt. examine and may post regular Commissioner.
6. Meanwhile the Officiating Commissioner present in the Court would ensure that orders passed are complied with.
List on 19th April, 2002.
Certified copy to the parties.
Copy to Counsel for compliance.