LAWS(PAT)-2003-5-81

KAMALINI SOREN Vs. STATE OF BIHAR

Decided On May 09, 2003
Kamalini Soren Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) IT is one of the most unfortunate case where the widow of the petitioner has been kept deprived of payment of death cum retiral dues of her deceased husband, late Samson Hembram, who died in harness while posted as Chief Supervisor at I.T.I. Digha Ghat, Patna on 12.2.1995.

(2.) EARLIER when despite notice long back on 24.2.2003 there was no response from the respondents, this Court vide order dated 6.5.2003 adjourned the matter on payment of cost of Rs. 250/ - by the Director, Department of Labour, Employment and Training (respondent no. 2) from his pocket to the learned counsel for the petitioner. Respondent no. 2 was directed to produce necessary sanction order/payment with re - spect to entire death cum retiral dues, failing which he was directed to appear before this Court in person. Pursuant to the said order cost has been paid to the learned counsel for the petitioner but the Director has not bothered to appear before this Court although neither sanction for final pension, gratuity has been produced nor sanction/authority/payment of the amount of leave encashment and G.P.F. has been produced. This shows that respondent no. 2 has no respect of the order of this Court.

(3.) THE writ application is thus disposed of with the direction that the payment of the dues pursuant to the sanction order produced today, which have been handed over to the learned counsel for the petitioner, must be made by Monday next (12.5.2003) and the sanction orders with respect to remaining aforementioned other dues must also be handed over to the learned counsel for the petitioner positively by Monday next (12.5.2003) with a copy of the same to the learned counsel for the Accountant General. The Accountant General shall see that the authority pursuant to the sanction orders for pension, gratuity and leave encashment are issued within three days of the receipt of the sanction orders.