LAWS(JHAR)-2010-2-213

BUDDHI ORAIN Vs. STATE OF JHARKHAND

Decided On February 23, 2010
BUDDHI ORAIN Appellant
V/S
STATE OF JHARKHAND; DEPUTY COMMISSIONER, DHANBAD; ASSISTANT SETTLEMENT OFFICER, RANCHI; ASSISTANT SETTLEMENT OFFICER, DHANBAD; DISTRICT PROVIDENT FUND OFFICER, DHANBAD; TREASURY OFFICER, DHANBAD; ACCOUNTANT GENERAL, RANCHI Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that the husband of the present petitioner retired on 30th April, 2002 and expired on 12th July, 2002. Sizeable amount of the retirement benefits have been paid at much later stage in the year, 2008 and no interest thereupon, has been paid by the respondents and therefore, the present writ petition has been preferred.

(2.) Learned counsel for the respondents submitted that the delay in payment of the retirement benefits is only because of the petitioner, and as she has not properly submitted the papers, she is not entitled for any interest on the retirement benefits.

(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the husband of the present petitioner was working as Driver at Settlement Office at Dhanbad. He retired on 30th April, 2002 and expired on 12th July, 2002. Thereafter, widow i.e. the petitioner was constantly demanding the retirement benefits and ultimately, G.P.F amount was paid in the year 2008, Group Insurance was also paid in December, 2008 and Leave Encashment was also paid at much later stage in the year, 2008, but, no interest has been paid. From the counter affidavit, it appears that the G.P.F. amount was sanctioned by the respondents in the year, 2004 whereas, the payment was made in the year, 2008 likewise, Group Insurance was also paid in the month of December, 2008 likewise, Leave Encashment amount was also paid in the month of December, 2008.