LAWS(PAT)-2004-10-1

KAUSHALAYA DEVI Vs. STATE

Decided On October 06, 2004
KAUSHALAYA DEVI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel appearing for the respondents.

(2.) PRESENT case is the glaring example of negligent attitude of the respondent State in the matter of making payment of retiral dues to an unfortunate lady whose husband died in harness on 2.6.1982 but despite continuous efforts till date neither family pension nor death -cum -retirement dues of her husband has been paid to her. The petitioner is the widow who made several representations before each and every authority and failing on all fronts she has filed this application for a direction to the respondents to make payment of all retiral dues of her late husband and also for making payment of family pension as well as arrears of pension to her.

(3.) UNDOUBTEDLY after filing of the writ application all the dues of the petitioner has been paid for which she is legally entitled. The serious as well as sorrowful aspect of this matter is that the authorities in a government department are so ignorant that they have no information regarding the death of one of their employees who was working in their office. The husband of the petitioner died on 2.6.1982 and till date the respondents authorities were not aware that one of such employee who was working in Class -IV or Class -Ill has died and his legal heirs are entitled for his retiral dues and his widow is entitled for the family pension. I find that the employees who are working in Class -III or CIass -IV posts, they are never paid their retiral dues unless they approach this Court specially if an employee dies in harness then the condition of his legal heirs becomes pitiable and their grievance is never redressed unless they approach the High Court by filing the writ application. This is a case in which the petitioner is entitled for statutory as well as penal interest.