INDRA DEVI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. By way of the instant writ petition, the petitioner has approached this Court praying that the respondents be issued a direction to make payment of gratuity, contributory provident fund, leave salary, pension arrear so also family pension forthwith along with interest @ 18% p.a. A further prayer for compensation has also been made in the writ petition.

(2.) Facts in brief are that the petitioner is the widow of late Ganpat Kumar Solanki, an ex Govt. employee. It is claimed in the writ petition that Ganpat Kumar was initially appointed as timekeeper in the office of Assistant Engineer, Irrigation Sub-Division, Sumerpur, District Pali on 1.4.1950. Thereafter, he was transferred to the office of Executive Engineer, Jawai Dam Division. He was promoted to the post of LDC on 1.5.1956. He served the irrigation department from 1.4.1950 to 1.4.1957. Thereafter, he was transferred to the office of Manager, Sirohi Motor Service, Sirohi and worked upto 14.11.1967 in the said office. On creation of RSRTC, Ganpat Kumar gave an option to serve under the Corporation and was inducted as a clerical staff in RSRTC where he discharged his duties satisfactorily for a period of 21 years 1 month 16 days from 15.11.1967 to 31.12.1988. He retired from the service of RSRTC on 31.12.1988. It is claimed in the writ petition that the petitioner's husband put in a total of 38 years 8 months 29 days service under the various departments of the State Government/Corporation. The period of 17 years 7 months 13 days of service rendered by Shri Ganpat Kumar Solanki in the State service was not taken into account while calculating the retiral benefits accruing to the employee. The gratuity amount of Rs. 26,040A was paid to Ganpat Kumar on 8.4.1996 calculating his service for 21 years only. CPF payment was also paid to him to the tune of Rs. 45,974/- vide order dated 27.1.1994 by counting his service of the said period only. The contribution of the employer was not included while calculating the said CPF. Ganpat Kumar expired on 12.6.2002 at Chennai. It is claimed in the writ petition that though the petitioner being Ganpat Kumar's widow was entitled to receive family pension, the respondents failed to make payment thereof on which numerous representations were submitted to the authorities but were not responded to. Accordingly, the petitioner has approached this Court pursuant to the death of her husband praying that the respondents be directed to make payment of remainder of the gratuity, CPF, pension, family pension etc. to the petitioner.

(3.) It is claimed that the retiral benefits including gratuity & C.P.F. accruing upon the death of Ganpat Kumar was paid after a great delay. Whilst determining the CPF dues, the employer's contribution was not included therein. The respondents were under an obligation to make payment of interest for the period of delay in making payment of the retiral dues but failed to do so.