CHINTA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) As it appears from the counter affidavit of the respondents, there appears a persistent denial of the petitioner's claim of the payment of retiral benefits which was payable in the account of her deceased husband who was employed in the Primary Education Department under the State Government. It also appears that the concerned authorities of the respondents had sanctioned payment of 90% of the family pension but for reasons not fully explained, the sanctioned amount has not been released to the petitioner. It also appears that though a sum of Rs. 3,000/- was also sanctioned as ex- gratia payment for the purpose of enabling cremation of the dead body of the deceased employee, that amount has also not been paid. On the other hand, as learned counsel for the petitioner would point out, an FIR was instituted against the deceased employee after two months of his death on some allegations of misappropriation of government money and only on the plea that the case has not been finally decided by the trial court, the payment of retiral dues is being with-held.

(2.) I do not find any reasonable and cogent explanation offered by the respondents for with-holding the payments of retiral dues of the petitioner.

(3.) Under the circumstances, the concerned authorities of the respondents, in particular the Respondent Nos. 5 and 6, are hereby directed to assess the total amount of retiral benefits including final pension payable to the petitioner and pass appropriate orders for releasing payments of the same to the petitioner within one month from the date of this order. If the amount is not paid within the period stipulated in this order, then the same shall carry interest @ 12% per annum, payable from the date after the retirement of the deceased employee, till the date of final payment. With these observations, this writ application is disposed of at the stage of admission. Let a copy of this order be given to the counsel for the respondent State.