IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1583 of 2006
Most. Satiya Devi Petitioner
Versus
The State of Jharkhand and others Respondents
---
CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
For the Petitioner: Mr. K.K. Singh and Mr. Rajesh Kr. Singh, Advocates
For the Respondents: Mr. Ranjit Kumar, JC to GA (Bihar)
---
6. 01.04.2009
It appears from the office report that the notice issued to the respondent
no. 8 namely, Gayatri Devi has been served upon her, but she has not appeared in
this case either in person or through a lawyer.
2. Counsel for the petitioner submits that the said Gayatri Devi is the second
wife of the deceased employee, whereas the petitioner happens to be the first wife
and as per the counter-affidavit of the respondent State, the claim of the petitioner
being his wife, has been accepted and acknowledged by the respondent
authorities and in response to their direction, petitioner had also obtained the
succession certificate which was issued in her favour by the competent court of
law which she had deposited before the concerned authorities of the respondents.
From perusal of the counter-affidavit, it appears that having acknowledged the
claim of the petitioner, the payable amounts towards death-cum-retiral benefits
under different Heads including the Group Insurance, Leave Encashment,
Gratuity and Provisional Family Pension computed from September 1998 to
January 2009, has already been sanctioned and the petitioner was directed vide
letter dated 14.2.2009 to visit the office of the respondent and collect the
aforesaid payments.
As regards the assessment for final pension, the respondent appears to
have already asked the petitioner by the aforementioned letter to submit the
pension papers and corresponding letter has also been addressed by the
respondent authorities to the Secretary, Department of Health & Family Welfare,
Government of Jharkhand, Ranchi.
3. In the light of the above facts and circumstances as stated in the counter-
affidavit, it appears that there is no dispute as regards the petitioner’s claim for
payment of the retiral dues in the account of her deceased husband. The
petitioner, in compliance with the instruction as contained in letter dated
14.2.2009 issued by the employer of her deceased husband, shall visit the office
of the respondents and collect payment as indicated in the counter-affidavit. If the
petitioner has any further grievance to be redressed, she is at liberty to file
representation stating her claim and the details thereof, before the concerned
authorities of the respondents who, within two months from the date of receipt of
such representation, shall take a decision by passing a reasoned and speaking
order and communicate the same to the petitioner effectively. If any further
amount is found payable, the respondent shall release and pay the same to the
petitioner, within one month from the date of decision taken on the petitioner’s
representation, if any.
With this observation, this writ application is disposed of.
Let a copy of this order be given to the counsel for the respondents.
(D.G.R. Patnaik, J)
Ranjeet/