LAWS(CHH)-2017-3-97

KRISHNA CHANAY Vs. STATE OF CHHATTISGARH

Decided On March 06, 2017
Krishna Chanay Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Grievance of the Petitioner is that, the husband of the Petitioner was working as Assistant Teacher in Government Primary School, Bhainsabeda, Block Farasgaon, District Kondgaon. He died in harness on 10.1.1999. After his death, the Respondents immediately released pension and pensionary benefits. However, they did not release the benefit of leave encashment and the payment under the Family Welfare Fund Scheme to the Petitioner.

(2.) Since the said amount was not released for a considerable period of time, the Petitioner preferred a writ petition i.e., Writ Petition No. 549 of 2016, before this Court. Vide order dated 23.2.2016, this Court referred the matter to the High Power Pension Committee constituted by the Respondent-State Government for settlement of retiral benefits of the deceased employee and the matter was processed by the said Committee which in turn on 28.6.2016 reached to the conclusion that there has been a negligence on the part of the officers of the Respondent-State Government in not finalising the dues of leave encashment and Family Welfare Fund payable to the Petitioner and accordingly proposed for taking appropriate disciplinary action against the erring officers for the inordinate, unexplained delay caused on the part of the Respondents.

(3.) Meanwhile, the Respondents have released the leave encashment dues to the Petitioner amounting to Rs. 55,968/- on 18.11.2014 after about 15 years from the date of death of the deceased employee. Likewise, the payment under the Family Welfare Fund scheme amounting to Rs.39,585/- also has been released to the Petitioner only on 2.5.2016 that is after about 17 years from the date of death of the deceased employee.