IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 6033 of 2008
...
Smt. Mridula Devi ... ... Petitioner
-V e r s u s-
The State of Jharkhand & Others --- Respondents.
...
CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - Mr. Pankaj Kumar Mahato,
Advocate.
For the State : - J.C. to A.G.
For the Respondent No. 5 : - Mr. S. Shrivastava, Advocate.
...
3/18.04.2009
Petitioner in this writ application has prayed for a direction to the
Respondents to pay the death-cum-retiral benefits, which is payable in the account of
her deceased-husband, who superannuated way back in the year 1991 and died
on 05.10.2000 at his native village of Nalanda.
As per the petitioner’s contention, her husband, namely, Samunder
Singh retired from the post of the A.S.I., Police from the State Police Service
under the Ranchi District Police Force. The Respondents did not pay him his
retiral benefits such as Family Pension, G.P. Fund, Gratuity and Leave
Encashment etc. till the year 2000. After his death, the petitioner had also
demanded and had submitted her representation before the Superintendent of
Police of the District as also to the Senior Police Officers requesting them to sanction
Family Pension to her and to pay all the death-cum-retirement benefits of
her deceased-husband, but no action has been taken by the Respondents in the
matter.
Though no counter affidavit has been filed on behalf of the
Respondents but from the annexures to the writ application, it does appear that the
petitioner’s husband was employed under the District Police Service and had
superannuated way back in the year 1991 but his post-retiral benefits have not
been paid to him. He died on account of illness on 05.10.2000 and after his death,
the petitioner had filed her representation one after another before the concerned
authorities of the Respondents for payment of death-cum-retiral benefits. No
action appears to have been taken on the petitioner’s representation. Thereafter,
the petitioner, having no other option, she has filed the instant writ application.
Learned counsel for the Respondent-State submits that the
petitioner may be directed to file a fresh representation.
In the light of the facts, the petitioner is directed to file a fresh
representation before the Respondent Nos. 2 and 3, stating her claim in detail and
the grounds in support thereof and shall annex a copy of this order and within
three months from the date of the receipt of the representation, the concerned
authorities of the Respondents shall consider the representation and take
appropriate decision on the same by passing a reasoned and speaking order and
shall effectively communicate such decision to the petitioner. If the Respondents
find that the petitioner’s claim is genuine and legitimate, they shall assess the
amount of post-retiral benefits, payable in the account of the deceased-husband of
the petitioner and within two months from the date of the decision taken by them
on the petitioner’s representation, shall release such payments to the petitioner. If
the amount assessed as payable to the petitioner, is not paid to her within the time
stipulated in this order, then such amount shall carry interest to be paid by the
Respondents @ 6 per cent per annum from the date it become payable till the final
payment.
With these observations, this writ application stands disposed of at
the stage of admission itself.
Let a copy of this order be given to the learned counsel for the
Respondent-State.
(D.G.R. Patnaik, J.)
APK