KAPLESHWAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the son of the deceased employee late Nanipat Mandal, who died in harness on 25.9.91 while working as Choukidar in the District of Darbhanga.

(2.) The grievance of the writ petitioner are two fold. The first grievance is that he has not been paid the death-cum-retirement dues, such as, payment of Group Insurance, pension and other payments including the salary of his father for the period January, 90 to October, 90, May, 91 to September, 91. The second grievance of the petitioner is in regard to non-consideration of his case for appointment on compassionate ground.

(3.) A counter-affidavit has been filed on behalf of the Superintendent of Police, Darbhanga (respondent No. 5) In the said counter-affidavit it is stated that the petitioner has been paid Rs. 50,000/- by the circle Officer of Hayaghat as Group Insurance after the death of the petitioner father. In para 9 of the said counter-affidavit it is stated that the petitioner had been paid Rs. 3000/- as ex gratia by the Circle Officer of Hayaghat after the death of the petitioner's father. As regards the grievance of the petitioner for an appointment on compassionate ground it is stated that in view of the letter No. 12199 dated 6.11.1991 the District Collector is the appointing authority of the Chaukidar.