HARIDWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the present case it appears that the deceased employee, namely, father of the petitioner had retired from service on 30.6.1987. Thereafter, he died on 20th May, 1990. Soon thereafter mother of the petitioner also died in June, 1990. After death of his parents, petitioner filed an application for release of the dues of his father on 10th August, 1990 alongwith the death certificate and an affidavit sworn by the deceased employee authorizing him to receive all payments due to him. However, in spite of filing of that application along with the death certificate and affidavit, no action was taken by the respondents in the matter. Petitioner approached the respondents from time to time but no heed was taken by the respondents to his requests. Being compelled due to inaction of the respondents, petitioner filed this writ application.

(2.) IN the counter affidavit, respondents took a stand that since the petitioner had not filed any succession certificate, the dues amount was not released in his favour. However, when the case was taken up on the last date i.e. 30.7.2008, it was found that the letter and a press communique, which were annexed with the counter affidavit to show that the petitioner was requested to submit succession certificate were in fact issued by the respondents only after filing of the writ application, and therefore, in view of the glaring inaction on the part of the respondents in the matter for about 15 years, Learned Counsel for the State prayed for time to enable the respondents to calculate and pay the dues in respect of the deceased employee. The case was accordingly adjourned for four weeks.

(3.) LEARNED Counsel for the petitioner submits that since calculation chart has not been furnished alongwith the supplementary counter affidavit, petitioner is not in a position to ascertain as to whether calculation has been correctly made or not.