KANAN DEVI Vs. RANCHI MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE widow of the deceased employee has approached this court by filing the instant writ application for a direction to the respondent authority to pay all the retiral dues to her husband who died in harness on 16.11.1993. The claim of the petitioner is set out in paragraph 9 which reads thus :

(2.) IT is stated that till date nothing has been paid to the petitioner against the retiral dues. Such statement is not being denied on behalf of the respondents. However, it is stated that the concerned employee has not produced the voucher showing the adjustment of the advances made to him for performing certain works. Admittedly no departmental proceeding or any proceeding in terms of the pension Rules has been initiated and or pending against the deceased employee. It is stated that in the year 1997 such demand has been made by the respondent authority. After having heard the learned counsel for the parties and going through the materials on record, this writ application is being disposed of at the time of admission itself. As stated above, the employee died in harness as far back as in 1993 and till 1997 no such issue has been raised by the respondent authority and, as such, the same cannot be allowed to be raised at the belated stage in order to deprive the petitioner of the retiral dues, legally payable to the deceased employee. Accordingly, the respondent -authority is directed to pay all the admitted retiral dues, legally payable to the petitioner, as early as possible, preferably within six weeks from the date of receipt/production of a copy of this order. This disposes of this writ application.