KAMLESH LATA Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) The petitioner is widow of late Yashwant Singh Yadav, who was working as Executive Officer and has last served at Municipal Board, Jobner (Jaipur). The husband of the petitioner had died on 29.5.1989 leaving behind the petitioner and minor children. The petitioner had become entitled for payment of the benefit of family pension, provident fund and gratuity etc.

(2.) It was the case of the petitioner that her husband was in continuous service from 4.11.1967 till his death. He had been serving in various municipalities but had died while serving in Municipal Board, Jobner. The request was made by petitioner to Director Local Bodies to make payment of Provident Fund, Gratuity and other outstanding amount. Repeated reminders were also sent. The respondents instead of completing formalities of collecting the record of petitioner from the places, where the employee had been working, had rather started directing the petitioner to place the record before him for completing the formalities. It goes without saying that the service record of husband of petitioner is supposed to be with respondents. The petitioner had still given the details of working places of her husband vide annexures 3 and 4. But not a single penny was paid even after five years of death of husband of petitioner, with the result the present writ petition was filed in the year 1994 with the prayer to direct the respondents to pay benefits as required under law.

(3.) The notice was issued to respondents. Initially no reply was filed despite the writ petition was pending for last more than seven years.