M.S. KAUSHIK Vs. N.D.M.C.

JUDGEMENT

(1.) THE wife of the petitioner, namely, Bimla Kaushik was a Trained Graduate Teacher (Sanskrit) in N.P. Boys Secondary School No. 2, Mandir Marg, New Delhi, which is being run by respondent No. 1. On July 23, 2002, she had taken voluntary retirement. However, she was not paid her retrial benefits despite her repeated requests, representations and personal visits to the office of respondent No. 1. Unfortunately, on March 6, 2003 she died and, thereafter, it fell upon her husband to pursue the case with respondent No. 1. He did receive the benefits but belatedly.

(2.) LEARNED Counsel for the petitioner has placed on record a chart containing the details as to when the retiral benefits under each head were ultimately paid by respondent No. 1. These details are available on page No. 65 of the paper book. Counsel submits that Bimla Kaushik and, upon her death, her husband had to undergo lot of harassment on account of non -payment of her retiral benefits. They have three daughters who were to be married and the retiral benefits were badly needed to perform their marriages.

(3.) LEARNED Counsel for the respondent does not dispute that there has been delay in paying the retiral benefits to the petitioner but submits that the delay has occurred because it took time to process the papers pertaining to the benefits claimed by the employee and then by her husband.