BHRAMARBAR BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Pursuant to Order Dated 14.03.2012, Opp. Party No. 6, widow of late Nimain Charan Barik filed her affidavit on 21.03.2012. Petitioner No. 1 has also filed affidavit on 14.03.2012, on the date of his personal appearance. It is found from the affidavits filed by both the contesting parties, i.e., both the Petitioners & Opp. Party No. 6 & the calculation sheet supplied by Orissa Lift irrigation Corporation Limited (Opp. Party No. 2) that, out of the death-cum-retiral benefit of Rs. 10,72,144 (ten lakhs seventy two thousand one hundred forty four), Opp. Party No. 6, widow of late Nimain Charan Barik has already received one-time refundable amount of G.I.S. Rs. 2,500, assured amount of Rs. 50,000 & arrear salary of Rs. 1,79,126. Besides the aforesaid amount, the legal heirs of late Nimain Charan Barik are entitled to receive C.P.F. Gratuity & unutilized leave encashment of Rs. 6,13,106, Rs. 1,18,922 & Rs. 1,08,490 respectively aggregating to Rs. 8,40,518. The amount, Opp. Party No. 6 has already received, if added total amount of death-cum-retiral benefit of late Nimain Charan Barik, comes to Rs. 10,72,144, which, according to law, has to he apportioned between the Petitioner No. 2, mother of late Nimain Charan Barik, Opp. Party No. 6, widow of late Nimain Charan Barik & the minor son of late Nimain Charan Barik, & each of them are entitled to receive Rs. 3,57,381 as share out of such death-cum-retiral benefit.

(2.) Opp. Party No. 6 in her affidavit has prayed for payment of some more amount for the benefit & study of her minor son, whom she is not able to provide adequate assistance.

(3.) As the parties have fairly come forward for amicable settlement of the matter, the matter is disposed of on the basis of the affidavits filed by the Petitioners & Opp. Party No. 6. Mr. B.R. Sarangi, Learned Counsel for the Petitioners fairly submits that the minor son of late Nimain Charan Barik is after all, the grandson of the Petitioners & he does not object for payment of some amount from the share of Petitioner No. 2 for study of the minor son of late Nimain Charan Barik.