RITA DEVI Vs. STATE OF BIHAR,

JUDGEMENT

(1.) The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

(2.) Heard Mr. Kishore Kumar Thakur, learned counsel for the petitioner and Mr. Krishna Kant Singh, learned AC to SC 10, for the State.

(3.) The petitioner has moved the Court for the following reliefs: "(i) For a direction to the respondents to make payment of Death-cum-retiral benefits payable to the Late husband of the petitioner namely, Bishwanath Kumar Singh, who died in harness while functioning as/clerk under the Directorate of integrated Child Development Services of the Social Welfare Department of the respondent State. (ii) For a further direction to the respondents to make payment of amount of General Provident Fund payable to the Late husband of the petitioner. (iii) Further prayer is for a direction to the respondents to make payment of Gratuity, leave encashment, amount due towards his Group Insurance, payable to the Late husband of the petitioner. (iv) For a further direction to the respondents to make payment of arrears of salary due to be paid to the Late husband of the petitioner for the period 01.05.2012 to 31.12.2012, and January 2013 to December 2013, which was not paid to him during his life time because his service during the said period of 22 months was not certified by the respondents. Similarly, the arrears of salary payable to the Late husband of the petitioner for the period of 01.09.2015 to 10.02.2016 which has also not been paid to him be also directed to be paid to the petitioner. (v) The petitioner further prays that the Family Pension due to be paid to the petitioner, being the legally married wife of Late Bishwanath Kumar Singh, be directed to be fixed on the basis of last pay to be drawn by her husband on his normal date of retirement, and the same be paid to the petitioner. (vi) Further prayer is to make the entire payment to the petitioner, which may be found payable to her Late husband with statutory as well as penal interest considering the fact that even after about 7 years of his death, the payments due to be made to the Late husband of the petitioner, has not been made to the petitioner."