Kanchan Srivastava vs Bihar State Rd. Transport … on 9 February, 2001

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Jharkhand High Court
Kanchan Srivastava vs Bihar State Rd. Transport … on 9 February, 2001
Author: S Mishra
Bench: S Mishra


ORDER

S.N. Mishra, J.

1. The widow of the deceased employee has approached this Court by filing the instant writ application for a direction to the respondent-Corporation to pay the retiral dues including the arrears of salary, legally payable to her husband, who died in harness on 14.12.1997. Admittedly, nothing has been paid so far to the petitioner. In this case, a counter-affidavit has been filed where from it appears that the liability to pay the retiral dues including the salary for the period in question has not been denied. However, it is stated that the petitioner comes in the second phase and, accordingly, the Corporation is paying 75% of the gratuity and CPF amount to its retired employees in accordance with the date of their retirement. The petitioner, admittedly, comes within the second phase of the

scheme framed by the State Government
pursuant to the direction issued by the
Supreme Court. Accordingly, the respondent
Corporation is directed to pay all the admitted dues, legally payable to the husband
of the petitioner, in accordance with the scheme.

framed by the State Government, pursuant
to the direction issued by the Supreme
Court, within three months from the date of
receipt/production of a copy of this order. So
far as the prayer for appointment on com
passionate ground is concerned, this Court,
at this stage, is not inclined to pass any
positive order. However, it will be open for the
petitioner to file a representation before the
respondent authority who will consider the
same in accordance with law within the
same period. This disposes of this writ application.

2. Application disposed of.

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