STATE OF ORISSA Vs. MANORANJAN MOHAPATRA AND OTHERS

JUDGEMENT

(1.) State of Orissa and its functionaries are the appellants against the affirming judgment.

(2.) Plaintiffs-Respondent nos.1 to 5 instituted the suit for arrear salary of deceased Srimati Sahu and damages. The case of the plaintiffs was that Srimati Sahu was serving as an ANM in Dandapalasa Medical Aid Centre under CDMO, Balasore. She applied for maternity leave to the CDMO, Balasore, but the same was not sanctioned. Her salary was not released due to delay in despatch of service book from CDMO, Dhenkanal. She made a representation to the authorities, but there was no response. She suffered from cancer. She died on 7.6.1981 leaving behind the plaintiffs. With the factual scenario, the plaintiffs claimed damages of Rs.10,000/- and arrear salary of Rs.20,226.85 p.

(3.) Defendant no.1-Collector, Balasore filed written statement denying the claim of the plaintiffs. It was stated that Srimati Sahu had married to Sambhu Das. Defendant no.5 was born out of their wedlock. From 20.1.1971 to 18.4.1974, she worked under the CDMO, Dhenkanal. Her work was not satisfactory. She applied for maternity leave from 4.6.1973 to 30.6.1973. The same could not be sanctioned due to want of medical certificate. Subsequently, leave was sanctioned on 30.4.1980. Her Service Book was despatched from CDMO, Dhenkanal to CDMO, Balasore on 21.3.1980. The L.P.C. was also sent to CDMO, Balasore on 1.6.1974. Her pay fixation statement from 1.1.1972 to 18.1.1974 along with non-drawal certificate was sent to CDMO, Balasore. On 9.7.1976, her dues had been regularized after observing all formalities. The dues could not be regularized earlier due to non-submission of required documents. Her personal entitlement amounting to Rs.1,680.40p towards leave salary, T.A., one time refundable deposit and obsequies under G.I.S. was paid to the plaintiff no.6. He received the same on production of a fraudulent legal heir certificate issued by the Addl. District Magistrate, Balasore. With regard to other entitlements, necessary proposals had been forwarded to the competent authorities for early sanction.