SHAKUNTALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the original writ petitioner late Radhey Shyam Singh had prayed for payment of pension, gratuity, G.P.F., group insurance, leave encashment, commutation of pension and salary for the period of suspension as also for the month of February, 1998. During the pendency of this writ application, the original writ petitioner late Radhey Shyam Singh had died and has been substituted by his wife Smt. Shakuntala Devi.

(2.) It is admitted at the Bar that during the pendency of the writ application almost entire retirement benefit payable to the original writ petitioner has been paid and noon his grievance remained confined to:- (a) leave encashment (b) salary for the period of suspension i.e. from 14.6.1993 to 20.12.1993 (c) salary for the last month of his working i.e February,1998 and (d) annual increments for the period from July,1995 to February, 1998.

(3.) As with regard to leave encashment it is apparent from the supplementary counter-affidavit filed by the Director Agriculture Department that authority slip for leave encashment has been issued to the petitioner by the concerned department. In fact it is also borne out from annexure-18 to the supplementary affidavit filed by the petitioner that the Block Development Officer, Bihta, Patna has been informed by the Finance Department vide letter No. 602A dated 2.6.2003 that the petitioner is entitled for leave encahsment of 240 days and has to be paid Rs. 99.276/-. In that view of the matter, the authority concerned shall verify as to whether the petitioner, being legal heir and representative of the original writ petitioner late Radhey Shayam Singh, has been paid the amount of leave encashment or not. In case the actual payment has not been made till today, the authority concerned shall be under obligation to pay the same to the petitioner within a period of three months from the date of receipt/production of a copy of this order.